Fairfax County Broker Agency Attorneys For Your Real Estate Matters

Under Virginia law, real estate brokers have a duty to protect and represent their clients in real estate transactions. This includes keeping their information private, handling their transaction with care and working with their best interests in mind.

If your broker fails to disclose important information or mishandles your transaction, legal counsel may be necessary. Friedlander & Friedlander P.C. has served clients throughout Fairfax County since its establishment in 1925. With over 100 years of combined experience, our attorneys help clients navigate complex broker agency matters and real estate transactions.

Important Disclosures In Virginia Brokerage Relationships

Under Virginia Code § 54.1-2138, brokers must provide clear and timely disclosure of their brokerage relationships. This ensures transparency throughout the transaction process.

Specifically, brokers must:

• Explain their role in writing when you first discuss a property: This means your broker must give you a written document that clearly states whether they represent you, the other party or both parties in the transaction. You should receive this before having detailed discussions about any specific property.
• Reveal any connections to other parties in the sale: Your broker must tell you if they’re working with others involved in the transaction. For example, they must disclose if they represent the seller while showing you a house or if they have any business relationships with other parties.
• Make important information visible and clear: The law requires brokers to present disclosure forms in a way you can easily notice and read. This includes using bold print or separate boxes to highlight key information about who they represent.
• Maintain records of all disclosures: Brokers must keep copies of all disclosure forms for three years after your transaction. This protects you if questions arise later about who represented whom in the sale.
• Meet additional requirements for limited-service agreements: If your broker offers fewer services than a traditional full-service broker, they must clearly explain which services they will and won’t provide.

When your broker follows these disclosure rules, you know exactly who represents your interests in your home sale or purchase. If something goes wrong with your real estate deal, proper disclosures protect your legal rights. The lawyers at Friedlander & Friedlander P.C. can help you understand your broker’s disclosures and make sure you receive all the required information about who represents you.

What Duties Should Real Estate Buyers And Sellers Know In Order To Avoid Conflict Of Interest Issues?

Whether you’re a buyer or a seller, your broker must put your interests first in all property sales. This means:

• Keeping your personal and financial information strictly confidential, sharing it only when you give permission
• Following your instructions and the terms of your written agreement exactly as stated
• Handling your finances and property carefully, maintaining detailed records of every dollar
• Telling you all the important facts that could affect your decision to buy or sell
• Presenting every offer, counter-offer and response promptly

However, what happens when your broker represents you and the other party in a real estate transaction? This is known as dual agency. While it’s legal in Virginia, the broker must explain how this limits their ability to represent either party fully. They cannot advise you about offer prices or negotiate aggressively for either side. They also cannot share confidential information between parties or give advice if disputes arise.

Without proper written agreements and clear disclosures signed before the dual agency begins, this type of arrangement violates state law and puts both parties at risk. You always have the right to refuse dual agency and seek separate representation. Friedlander & Friedlander P.C. helps clients understand their rights and obligations, protecting their interests in broker relationships and real estate transactions.

Protect Your Real Estate Investment With An Experienced Legal Team

Working with a real estate broker can make your real estate journey easier in many ways. However, it can come with complicated documents and processes that require careful attention.

The experienced real estate attorneys at Friedlander & Friedlander P.C. are ready to help protect your interests in Fairfax County real estate transactions. Whether you need guidance on brokerage agreements, disclosure requirements or dual agency matters, we’re here to provide clear, practical legal solutions.

Call the McLean and Midland, Virginia, offices today by dialing 703-540-0442. You can also reach them through the contact page here.