Code of Virginia § 55.1-1003. Persons who may act as a settlement agent.
294 words·~1 min read·
/va/title-55-1/chapter-10/55-1-1003·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. A person shall not act in the capacity of a settlement agent, and a lender, seller, purchaser or borrower may not contract with any person to act in the capacity of a settlement agent, with respect to real estate settlements in the Commonwealth unless the person has not been convicted of a felony, unless such person has had his civil rights restored by the Governor or been granted a writ of actual innocence, and is either:
1. Licensed as an attorney under Chapter 39 (§ 54.1-3900 et seq.) of Title 54.1;
2. Licensed as a title insurance company under Title 38.2;
3. Licensed as a title insurance agent under Title 38.2 and is appointed by a title insurance company licensed in the Commonwealth pursuant to Chapter 18 (§ 38.2-1800 et seq.) of Title 38.2;
4. Licensed as a real estate broker under Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1;
5. A financial institution authorized to do business in the Commonwealth under any of the provisions of Title 6.2 or under federal law; or
6. A subsidiary or affiliate of a financial institution described in subdivision 5.
Any person described in subdivisions 1 through 6 not acting in the capacity of a settlement agent shall not be subject to the provisions of this chapter.
B. Notwithstanding any rule of court to the contrary, a settlement agent operating in compliance with the requirements of this chapter or a party to the real estate transaction may provide escrow, closing, or settlement services and receive compensation for such services.
1997, c. 716 , § 6.1-2.21; 1998, c. 69 ; 2000, c. 549 ; 2002, c. 464 ; 2007, c. 898 ; 2008, c. 92 ; 2010, c. 794 , § 55-525.19; 2019, c. 712 .