54.1-2103 - Exemptions from chapter.
§ 54.1-2103. Exemptions from chapter.
A. The provisions of this chapter shall not apply to:
1. Any person, partnership, association or corporation, or their regularemployees, who as owner or lessor perform any of the acts enumerated in §§54.1-2100 and 54.1-2101 with reference to property owned or leased by them,where the acts are performed in the regular course of or incident to themanagement of the property and the investment therein;
2. Any person acting without compensation as attorney-in-fact under a powerof attorney issued by a property owner solely for the purpose of authorizingthe final performance required of such owner under a contract for the sale,lease, purchase, or exchange of real estate;
3. Service rendered by an attorney-at-law in the performance of his duties assuch;
4. A person acting as a receiver, trustee in bankruptcy, administrator orexecutor, or any person selling real estate under order of any court;
5. A trustee acting under a trust agreement, deed of trust, or will, or theregular salaried employees thereof;
6. Any corporation managing rental housing when the officers, directors, andmembers in the ownership corporation and the management corporation are thesame and the management corporation manages no other property for otherpersons, partnerships, associations, or corporations;
7. Any existing tenant of a residential dwelling unit who refers aprospective tenant to the owner of the unit or to the owner's duly authorizedagent or employee and for the referral receives, or is offered, a referralfee from the owner, agent or employee;
8. Any auctioneer licensed in accordance with Chapter 6 (§ 54.1-600 et seq.)of this title selling real estate at public auction when employed for suchpurpose by the owner of the real estate and provided the bidding at suchauction is held open for no longer than forty-eight hours. An auctioneershall not advertise that he is authorized to sell real estate. An auctioneermay advertise for sale at public auction any real estate when employed to doso as herein provided, and may advertise that he is authorized to auctionreal estate at public auction;
9. [Expired.]
10. Any person who is licensed and is in good standing as a real estatebroker or salesperson in another state, and who assists a prospectivepurchaser, tenant, optionee, or licensee located in another state topurchase, lease, option, or license an interest in commercial real estate, asdefined in § 55-526, in the Commonwealth. Such real estate licensee fromanother state may be compensated by a real estate broker in the Commonwealth.Nothing in this subdivision shall be construed to permit any person notlicensed and in good standing as a real estate broker or salesperson in theCommonwealth to otherwise act as a real estate broker or salesperson underthis chapter.
B. The provisions of this chapter shall not prohibit the selling of realestate (i) by an attorney-at-law in the performance of his duties as such,(ii) by a receiver, trustee in bankruptcy, administrator or executor, aspecial commissioner or any person selling real estate under order of court,or (iii) by a trustee acting under the trust agreement, deed of trust orwill, or the regular salaried employees thereof.
C. The provisions of this chapter shall not apply to any salaried personemployed by a licensed real estate broker for and on behalf of the owner ofany real estate or the improvements thereon which the licensed broker hascontracted to manage for the owner if the actions of such salaried employeeare limited to (i) exhibiting residential units on such real estate toprospective tenants, if the employee is employed on the premises of such realestate; (ii) providing prospective tenants with factual information about thelease of residential real estate; (iii) accepting applications for lease ofsuch real estate; and (iv) accepting security deposits and rentals for suchreal estate. Such deposits and rentals shall be made payable to the owner orthe broker employed by such owner. The salaried employee shall not negotiatethe amounts of such security deposits or rentals and shall not negotiate anyleases on behalf of such owner or broker.
D. A licensee of the Board shall comply with the Board's regulations,notwithstanding the fact that the licensee would be otherwise exempt fromlicensure under subsection A. Nothing in this subsection shall be construedto require a person to be licensed in accordance with this chapter if hewould be otherwise exempt from such licensure.
E. An attorney-at-law referring a client to a licensee shall not be entitledto receive any compensation from a listing firm or offered by a common sourceinformation company to cooperating brokers, unless the attorney is alsolicensed under this chapter as a real estate broker or salesperson.
(Code 1950, § 54-734; 1972, c. 324; 1973, cc. 487, 527; 1975, c. 238; 1980,c. 127; 1982, cc. 633, 682; 1988, c. 765; 1992, c. 84; 1993, cc. 816, 899;1995, c. 227; 1998, cc. 261, 262; 2009, cc. 88, 262.)