Broker Supervision in Virginia
Virginia real estate practice is governed by the license law (Code of Virginia Title 54.1) and the Real Estate Board regulations, administered by the Department of Professional and Occupational Regulation (DPOR). This chapter covers the Broker-only topic of supervising licensees and unlicensed personnel.
DPOR, the Real Estate Board, and the Broker License
The Virginia Real Estate Board, within DPOR, licenses and regulates brokers and salespersons under Title 54.1 and the Board's regulations. Anyone who, for compensation, sells, leases, or negotiates real estate for others must be licensed unless an exemption applies. To reach the broker tier a candidate must gain qualifying salesperson experience and complete additional broker education. A broker may operate an independent firm and supervise affiliated licensees.
Supervising Salespersons and Associate Brokers
A Virginia broker is responsible for the active and reasonable supervision of the salespersons and associate brokers affiliated with the firm. This includes overseeing their transactions, advertising, disclosures, and handling of client money. The supervising broker is accountable for the licensed conduct of affiliated licensees, which is why the Virginia broker exam includes a Broker-only supervision section not tested on the salesperson exam.
Supervising Unlicensed Personnel
Brokers also supervise unlicensed staff, who may perform only limited, ministerial tasks and may not engage in activities that require a license, such as negotiating terms or providing advice about a transaction. The broker must ensure unlicensed assistants stay within permitted duties. Allowing an unlicensed person to perform licensed activity, or paying them for it, is a violation for which the broker is responsible.