1.18 Real Estate Agents

• Library: Real Estate Transactions in Virginia (Virginia CLE) (2019 Ed.)

1.18 REAL ESTATE AGENTS

1.1801 Referrals from Real Estate Agents. Accepting a referral from a real estate agent may justify disciplinary sanctions unless (i) the agent first afforded the referred party an opportunity to "select a lawyer of his [or her] own choosing"; (ii) the referred party failed or refused to do so; (iii) the agent then submitted to the referred party a "list of lawyers"; and

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(iv) the referred party selected the lawyer and authorized the agent "to refer such representation" to the "lawyer so selected." ²³⁶

1.1802 Preparing Contracts. Although it is unlawful for real estate agents to prepare deeds, deeds of trust, or any other instruments of title, it is not unlawful for these agents to prepare contracts for the sale of real property in transactions in which they serve as agents for the seller or buyer. ²³⁷ The fact that most people do not consult a lawyer before signing real estate contracts exacerbates the problems inherent in their signing documents that inevitably contain conditions, requirements, or terms that they do not fully understand. Proper advice and counsel by a lawyer is probably the only method for deterring a client from repeating such mistakes in the future. ²³⁸

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