A recent interaction on a contract dispute had me do a little digging. What I found is worth sharing, because it comes up more than people realize once a deal is signed and someone either gets cold feet or no longer wish to honor an agreement made or a term in the contract, addenda or possession agreement.

Did you know Virginia law spells out, in writing, that a listing agent’s actual job is to help a seller satisfy their contract — not talk their way out of it? Under Code of Virginia § 54.1-2131(A)(2)(d), a licensee engaged by a seller is required to provide reasonable assistance to the seller to satisfy the seller’s contract obligations and to facilitate settlement of the purchase contract. That’s not a general industry norm. That’s the actual statutory text.

Where This Shows Up in Real Deals

I see it happen sometimes: a seller gets cold feet or no longer wish to honor an agreement made or a term in the contract after signing, and instead of getting real legal advice, they lean on their agent to go argue their way out of the deal with the buyer’s side. That’s not advocacy anymore. That’s an agent stepping outside what they’re licensed to do.

It’s an understandable impulse. Nobody wants to disappoint a client who’s panicking about a decision they’ve already made. But there’s a real difference between two things that can look similar in the moment:

  • Helping a client understand their legitimate contract rights — a contingency deadline, a disclosure issue, an appraisal gap they never agreed to cover. This is the job. It’s what the statute expects.
  • Helping a client dodge an obligation they don’t have a lawful way out of — arguing the other side into accepting non-performance, or pressuring a buyer’s agent to “let it go” when no contingency or legal basis supports that. This isn’t advocacy. It’s exposure.

The same section of the statute reinforces where the guardrail sits on the other side, too: under § 54.1-2131(B), licensees must treat all prospective buyers honestly and cannot knowingly give them false information. So even the way an agent argues a seller’s position has a legal boundary — the justification has to be accurate, not just persuasive.

Why the Distinction Matters

One creates real exposure — for the seller and for the agent. If an agent spends more energy convincing the other side to excuse a breach than helping their own client either perform the contract or get proper legal counsel, that’s evidence of a problem, not evidence of loyalty. It can make a seller’s position worse in a dispute, not better, and it puts the agent’s license on the line along with it.

The fix isn’t complicated: an agent can support a client emotionally through a rough moment without stepping into legal territory that isn’t theirs to occupy. The moment a contract question moves from “what does this agreement allow me to do” to “what happens if I just don’t do it,” that’s the moment it belongs with an attorney.

If you’re navigating a contract situation in Hampton Roads and you’re not sure which side of that line you’re on I’ll tell you straight, and point you to an attorney if that’s what the moment calls for.

by: Chris Faircloth

? Virginia Beach | Chesapeake | Norfolk | Suffolk

List Smart. Sell Fast.

 

This post is for general information only and isn’t legal advice. Contract questions — especially anything involving breach, contingency deadlines, or potential liability — should go to a licensed Virginia real estate attorney before any decision is made.

Sources:

  1. Code of Virginia § 54.1-2131, Licensees Engaged by Sellers — https://law.lis.virginia.gov/vacode/title54.1/chapter21/section54.1-2131/
  2. Code of Virginia § 54.1-2130, Definitions (Article 3, Duties of Real Estate Brokers and Salespersons) — https://law.lis.virginia.gov/vacode/title54.1/chapter21/section54.1-2130/