2026 SESSION

INTRODUCED

26100959D

SENATE BILL NO. 613

Offered January 14, 2026

Prefiled January 14, 2026

A BILL to amend and reenact § 54.1-2105.1 of the Code of Virginia, relating to professions and occupations; regulation of real estate brokers, salespersons, and rental location agents; other powers and duties of the Real Estate Board; licensure; criminal history certification.

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Patron—Pillion

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Referred to Committee on General Laws and Technology

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Be it enacted by the General Assembly of Virginia:

1. That § 54.1-2105.1 of the Code of Virginia is amended and reenacted as follows:

§ 54.1-2105.1. Other powers and duties of the Real Estate Board.

In addition to the provisions of §§ 54.1-2105.01 through 54.1-2105.04, the Board shall:

1. Develop a residential property disclosure statement form for use in accordance with the provisions of the Virginia Residential Property Disclosure Act (§ 55.1-700 et seq.) and maintain such statement on its website. The Board shall also develop and maintain on its website a one-page form to be signed by the parties acknowledging that the purchaser has been advised of the disclosures listed in the residential property disclosure statement located on the Board's website; and

2. Inform licensed brokers, in a manner deemed appropriate by the Board, of the broker's requirement, pursuant to § 54.1-2109, to designate another licensed broker to carry on the business for up to 180 days for the sole purpose of concluding the business of such designating broker in the event of the designating broker's death or disability; and

3. Promulgate regulations whereby an applicant for an initial license as a real estate broker or salesperson, pursuant to § 54.1-2106.1, shall certify his criminal history on the application and provide proof that he has submitted a request to obtain his own criminal history record. Such regulations shall ensure that, in addition to meeting all requirements set forth in § 54.1-2105, (i) if an applicant certifies on the initial application for licensure that he has no criminal history, the Board shall issue a real estate license upon receipt of the completed application and proof that criminal history record information has been requested and (ii) if an applicant certifies on the initial application for licensure that he has no criminal history, but subsequent receipt of the criminal history record indicates a criminal history, the Board shall suspend such applicant's license effective immediately upon discovery of the discrepancy. The Board shall notify such applicant and his supervising broker, by certified mail, of the suspension and the reason for such suspension within 10 days of its effective date. Such suspension shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) and may only be reversed by the Board pursuant to a case decision in accordance with the Administrative Process Act.