Virginia is NOT a pure "rely on the NAR settlement/MLS rule only" state like New York — it has its own codified state statute. Importantly, Virginia already had a statutory requirement (dating to the mid-1990s, and touted by Virginia REALTORS as the first state to formalize buyer agency) that licensees engaged by buyers sign a written brokerage agreement — but the pre-2025 statute contained an explicit carve-out allowing agents to show property to a prospective buyer BEFORE any written agreement was signed. That carve-out directly conflicted with the August 17, 2024 national NAR settlement practice change, which required a signed buyer agreement before touring homes as an MLS participation rule. In its 2025 session, the Virginia General Assembly passed HB 1684/SB 1309 (identical companion bills) specifically to close this gap: it repealed the "showing before agreement" exemption, so Virginia state law now affirmatively requires a signed brokerage agreement with a prospective buyer or tenant BEFORE showing property, aligning state statute with the national settlement's practice change. This was signed into law and took effect July 1, 2025 (Acts ch. 479 and 495). So Virginia's answer is nuanced: (1) baseline written-agreement law is long-standing state statute predating the settlement, and (2) the specific "before touring" timing requirement was newly and explicitly codified into state law in 2025 in direct response to the settlement, unlike New York, which has made no comparable statutory change and relies solely on MLS/NAR settlement compliance rules for that requirement. Compensation-related restrictions (e.g., buyer agents may not accept funds exceeding what is stated in the buyer brokerage agreement, and commission offers may no longer be published on MLS) come from the national settlement's MLS rule changes effective August 17, 2024, not from a distinct new Virginia statutory compensation-disclosure regime.
Virginia HB 1684 / SB 1309 (2025 Regular Session), enacted as 2025 Acts of Assembly Chapters 479 and 495, amending Code of Virginia Title 54.1, Chapter 21, §§ 54.1-2130 through 54.1-2134, 54.1-2137, 54.1-2138.1, 54.1-2139, 54.1-2139.01, and 54.1-2139.1 (see specifically § 54.1-2132 "Licensees engaged by buyers" and § 54.1-2137 "Commencement and termination of brokerage relationships; brokerage agreements required") — effective July 1, 2025 (HB 1684 / SB 1309, enacted as 2025 Acts of Assembly Chapters 479 and 495). Separately, the national NAR settlement's MLS-level practice changes — including the buyer-agreement-before-touring rule and the compensation-offer ban on MLS — took effect nationwide, including in Virginia, on August 17, 2024, ahead of and independent of the state legislation.
Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.