We are often asked if real estate licensees are permitted to draft contract language. Well, sometimes it depends.
Drafting contracts for others is considered "the practice of law" in Virginia, and it is therefore generally restricted to licensed attorneys. However, real estate licensees may add language to a contract, for example, an addendum if it's incidental to a real estate transaction in which the licensee is involved, and the licensee does not receive a separate fee for it.
Please keep in mind that it is always a good idea to have legal counsel review contract language.
The Letter of the Law
54.1-2101.1 Preparation of real estate contracts by real estate licensees.
Notwithstanding any rule of court to the contrary, any person licensed under this chapter may prepare written contracts for the sale, purchase, option,exchange, or rental of real estate provided the preparation of such contracts is incidental to a real estate transaction in which the licensee (i) is involved and (ii) does not charge a separte fee for preparing the contracts.
Blake Hegeman FormFactor
This is legal stuff we need to be up on and I wanted to share it with my colleagues. www.JamieBoone.com and www.HelloVirginiaHomes.com
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