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Agency and Brokerage Relationships

VirginiaWest Virginia

Use of our services does not create a brokerage relationship or fiduciary duty. All services are limited to ministerial or administrative acts as permitted under applicable law. Sellers are responsible for ensuring compliance with local, state, and federal laws regarding disclosures and sale processes.

Explanation of Brokerage Relationships (Virginia)

Prepared by SHELLEY SHELLZ SELLS HOMES for Informational Purposes Only

This is not legal advice or a substitute for legal review. Consult an attorney for legal questions.


This notice explains brokerage relationships under Virginia Code § 54.1-2130 et seq. for residential real estate transactions involving SHELLEY SHELLZ SELLS HOMES (“Broker”), and is provided to unrepresented parties as required by § 54.1-2138.

Overview:

In Virginia, real estate licensees may represent either the buyer/tenant, the seller/landlord, or both. When no written brokerage agreement exists, the licensee does not represent the party and instead provides only limited, ministerial services (e.g., data entry, access to standard forms, delivery of communications).

Important Note About Our Services:

While Virginia law requires a written listing agreement to enter a property into the MLS, signing this agreement with SHELLEY SHELLZ SELLS HOMES does not create a traditional agency or fiduciary relationship. Our listing agreement is structured as a limited-service agreement that authorizes data entry into the MLS and certain administrative services only.


No negotiation, fiduciary advocacy, or full client-level representation is provided. Unless otherwise agreed in writing, you remain an unrepresented customer under Virginia law.

Key Definitions:

  • Client: A person who has signed a written brokerage agreement with a licensee and is owed full fiduciary duties (e.g., loyalty, advocacy, confidentiality).


  • Customer: A person without a brokerage agreement. A licensee may provide limited clerical or ministerial acts to a customer, but does not owe fiduciary duties. Unless a written agreement exists, you are a customer.

Licensee Obligations:

A licensee:

  • Must treat all parties honestly and fairly
  • Must disclose known material facts about the property
  • Must comply with federal, state, and local laws
  • Does not owe fiduciary duties to customers and does not negotiate, advise, or represent them in the transaction

Types of Representation (for informational purposes only):

  • Buyer/Tenant: Involves a written agreement; duties owed to the buyer/tenant. Broker must disclose this to an unrepresented seller/landlord.


  • Seller/Landlord: Involves a written listing agreement; duties owed to the seller/landlord. Broker must disclose this to an unrepresented buyer/tenant.


  • Dual Representation (with consent): A licensee may represent both parties with written informed consent, which limits duties like full advocacy and confidentiality (§ 54.1-2139).


  • Designated Representation: Different licensees within the same brokerage may represent opposing parties separately (§ 54.1-2138.1).

REQUIRED DISCLOSURE TO UNREPRESENTED PARTIES:

Virginia law requires that licensees disclose their role in writing to unrepresented parties before providing any substantive assistance — such as discussing property features, pricing, or submitting offers. Disclosure must be clear, conspicuous, and timely.


If your relationship with a licensee changes (e.g., from customer to client), this must also be disclosed in writing to all parties.


SHELLEY SHELLZ SELLS HOMES currently offers MLS-entry-only and limited clerical services to unrepresented sellers. No fiduciary duties are owed, and no brokerage relationship is established unless a separate written agreement is signed.

West Virginia Agency

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WV Notice of Agency Relationship

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Seller Disclosures and Fair Housing

Seller Disclosure InformationFair Housing

MLS For Less VA & WV

MLS For Less VA & WV

MLS For Less VA & WV

Professional flat fee MLS listing services for Virginia and West Virginia property owners.


Shelley Shellz Sells Homes

Winchester, VA USA

Shelley Hanrahan, Broker/Owner

Licensed in VA, WV & FL

Independent brokerage - not affiliated with NAR (National Association of REALTORS®)


*Broker acts solely as a real estate agent—not an attorney, tax advisor, lender, appraiser, surveyor, engineer, inspector, or other expert. 

Services

MLS For Less VA & WV

MLS For Less VA & WV

MLS Entry

eBook 

MLS/eBook Bundle

Clerical Transaction Support


All fees are quoted and charged in United States dollars (USD).


*The MLS-entry-only and clerical transaction support add-on services do not create a brokerage relationship. We do not provide representation, negotiation, or personalized real estate advice, unless contracted under a separate written agreement. Use of our services does not create a brokerage relationship or fiduciary duty. All services are limited to ministerial or administrative acts as permitted under applicable law. Sellers are responsible for ensuring compliance with local, state, and federal laws regarding disclosures and sale processes. For legal advice or contract review, please contact a qualified real estate attorney in your state.

Resources

MLS For Less VA & WV

Resources

Nationwide MLS for Less

Listing Syndication

Agency and Brokerage Relationships

Seller Disclosure Information

Fair Housing

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Real Estate Pros - Join MyStateMLS 


*All materials and templates are provided for general informational purposes only. 

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© Shelley Shellz LLC.  All rights reserved. All materials and templates are provided for general informational purposes only. 

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