The limited services provisions in the Code of Virginia allow a standard agent to provide to the party represented by a limited service broker the following: (1) information about the transaction and/or (2) aid in securing the contract or performing any contract obligations. VA Code § 54.1-2130.

However, it is important to note that these services must be provided to the other party free of charge. The buyer agent can also offer a menu of services for a fee to the seller represented by a limited service broker.

One of the concerns for the buyer’s agent is whether he or she created an unintended dual agency situation by aiding the seller in the transaction. If you are involved as a buyer agent in a transaction with a seller represented by a limited service broker, you may want to provide the seller notice that you represent the buyer and not the seller. In addition, you may want to limit the amount of advice you provide to ensure that you do not appear to represent the seller. Of course, this is easier said than done. If you withhold too much assistance to the seller, he or she may be unwilling to transact with your buyer. So perhaps a solution is to refer the seller to alternate sources of information, or suggest that the seller speak with an attorney.