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HB157 • 2026

Real Estate Board; an applicant for new real estate license to certify criminal history info.

<p class=ldtitle>A BILL to amend and reenact § 54.1-2105.1 of the Code of Virginia, relating to professions and occupations; regulation of real estate brokers, salespersons, and rental location agents; other powers and duties of the Real Estate Board; licensure; criminal history certification.</p>

Housing
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Seibold
Last action
2026-02-18
Official status
Failed
Effective date
Not listed

Plain English Breakdown

The official source material does not specify what happens if an applicant fails to provide proof of requesting their criminal history, leaving some uncertainty in the legislation's application.

Real Estate License Criminal History Certification

This bill requires real estate license applicants to certify their criminal history on their application and provides procedures for issuing licenses based on this information.

What This Bill Does

  • Requires new real estate license applicants to certify their criminal history on the application form.
  • Allows the Real Estate Board to issue a license if an applicant certifies they have no criminal history and has requested their record.
  • Suspends a license immediately if there is a discrepancy between what was certified and the actual criminal history received later.
  • Requires the Real Estate Board to notify the suspended licensee and their supervisor about the suspension within 10 days.

Who It Names or Affects

  • Real estate brokers, salespersons, and rental location agents applying for new licenses in Virginia.

Terms To Know

Certify
To officially state or confirm something as true on a document.
Suspension
A temporary stoppage of the right to use a license until further action is taken.

Limits and Unknowns

  • The bill does not specify what happens if an applicant fails to provide proof of requesting their criminal history.
  • It's unclear how long the suspension process will take after notification.

Bill History

  1. 2026-02-18 House

    Left in Committee Education

  2. 2026-02-18 House

    Left in Committee General Laws

  3. 2026-02-05 Professions/Occupations and Administrative Process

    Subcommittee recommends striking from the docket (9-Y 0-N)

  4. 2026-01-28 House

    Fiscal Impact Statement from Department of Planning and Budget (HB157)

  5. 2026-01-23 Professions/Occupations and Administrative Process

    Assigned HGL sub: Professions/Occupations and Administrative Process

  6. 2026-01-06 House

    Prefiled and ordered printed; Offered 01-14-2026 26102906D

  7. 2026-01-06 General Laws

    Referred to Committee on General Laws

Official Summary Text

Professions and occupations; regulation of real estate brokers, salespersons, and rental location agents; other powers and duties of the Real Estate Board; licensure; criminal history certification.
Directs the Real Estate Board to promulgate regulations requiring an applicant for a new real estate license to certify his criminal history on his application. The bill further provides procedures for the Board to follow in granting licensure after applications are submitted but before criminal history is received. Finally, the bill directs the Board to require an applicant to certify on his license renewal application that he has no criminal history that he has not previously disclosed.

Current Bill Text

Read the full stored bill text
A BILL to amend and reenact §
54.1-2105.1
of the Code of Virginia, relating to professions and occupations; regulation of real estate brokers, salespersons, and rental location agents; other powers and duties of the Real Estate Board; licensure; criminal history certification.

Be it enacted by the General Assembly of Virginia:

1. That §
54.1-2105.1
of the Code of Virginia is amended and reenacted as follows:

§
54.1-2105.1
. Other powers and duties of the Real Estate Board.

In addition to the provisions of §§
54.1-2105.01
through
54.1-2105.04
, the Board shall:

1. Develop a residential property disclosure statement form for use in accordance with the provisions of the Virginia Residential Property Disclosure Act (§
55.1-700
et seq.) and maintain such statement on its website. The Board shall also develop and maintain on its website a one-page form to be signed by the parties acknowledging that the purchaser has been advised of the disclosures listed in the residential property disclosure statement located on the Board's website;
and

2. Inform licensed brokers, in a manner deemed appropriate by the Board, of the broker's requirement, pursuant to §
54.1-2109
, to designate another licensed broker to carry on the business for up to 180 days for the sole purpose of concluding the business of such designating broker in the event of the designating broker's death or disability
;
and

3. Promulgate regulations whereby an applicant for an initial license
as a real estate broker or salesperson,
pursuant to

§

54.1-2106.1
,
shall
certify his criminal history on the application and provide proof that
he has submitted a request to obtain his own criminal history record
. Such regulations shall ensure that
,
in addition to meeting all requirements set forth in
§
54.1-2105
, (i) if an applicant certifies on the initial application
for licensure that he has no criminal history,
the Board shall issue a real estate license upon receipt of the completed application and proof that criminal history record information has been
requested
and (ii) if an applicant certifies on the initial application
for licensure that he has no criminal history
, but subsequent receipt of the criminal history record indicates a criminal history
,
the Board shall suspend
such
applicant
'
s license effective immediately upon discovery of the discrepancy.
The Board shall notify
such applicant
and his supervising broker, by certified mail, of the suspension and the reason for such suspension
within 10 days of its effective date
. Such suspension shall be exempt from the
provisions of the
Administrative Process Act (
§
2.2-4000
et seq.) and may only be
reversed
by the Board pursuant to a case decision in accordance with the Administrative Process Act
.