Virginia, Washington and Colorado Real Estate Forms Are Live: Three Different Agency Regimes, Three State Editions
Thirteen states down, thirty-eight jurisdictions to go. The Real Estate Forms Library launched with California, Texas, Florida, and New York, then added Georgia, New Jersey, and Arizona, then Illinois, North Carolina, and Pennsylvania. Today it grows by three more: Virginia, Washington, and Colorado are now live, each with all 12 core forms re-drafted around that state's own licensing framework, agency rules, and disclosure law. That brings the catalog to 13 states and 156 live state-specific editions.
These three states are a useful trio because they sit at three different points on the agency spectrum. Virginia permits dual agency and designated representation with informed written consent. Washington has one of the most carefully structured agency statutes in the country, with a defined concept of limited dual agency and a mandatory pamphlet. Colorado went the furthest: it moved away from traditional dual agency entirely and made the transaction-broker relationship the default. If you hold a license in any of them, the "same" dual agency form does not work the same way, and that is the whole reason this library exists.
Why a 50-state template fails in practice
Most agents and brokerages begin with a generic template. The generic version has a paragraph on agency, a paragraph on disclosure, and a signature block. It is fine as a starting point and dangerous as an ending point, because the state-specific pieces are exactly the pieces regulators, arbitrators, and opposing counsel read first.
Consider what changes when you cross a state line:
- Who the broker owes duties to, and whether the default relationship is single agency, designated agency, or transaction brokerage.
- Whether dual agency is allowed at all, and if so what consent must look like.
- What the seller must disclose about the property, and whether the law mandates a form, a disclaimer, or nothing.
- How an independent contractor relationship is documented, because licensing law, tax treatment, and broker supervision duties all pull in different directions.
- What the electronic signature law says about the validity of a digitally signed listing agreement or addendum.
- Which agreements must be in writing under the state's statute of frauds, and what a broker must show to enforce a commission.
A form that handles all of that generically handles none of it well. Each edition in the library rebuilds those sections for the specific state, strips the generic 50-state appendix, and retitles the instrument so the file in your transaction folder says plainly which state's law it was drafted for.
What just went live in Virginia
Virginia practice is shaped by the licensing and brokerage statutes beginning at Va. Code § 54.1-2130, which set out the brokerage relationships a licensee can offer and the disclosures that have to be delivered. Virginia allows standard agency, designated agency, and dual agency, but dual and designated arrangements rest on the prior written consent of the parties.
That makes the Dual Agency Informed Consent — Virginia Edition one of the most consequential forms in the set. It documents what the brokerage is doing, what each party gives up, how confidential information is handled, and what happens if the arrangement stops working. The consent is not a courtesy; it is the evidence that the arrangement was lawful.
On the seller side, Virginia's Residential Property Disclosure Act, Va. Code § 55.1-700 and following, takes a structure that surprises agents from disclosure-heavy states. The statute generally centers on delivering either a disclosure statement or a disclaimer statement under which the seller makes no representations about the property's condition. The Seller Property Condition Disclosure Statement — Virginia Edition is drafted to work inside that framework, with commentary explaining what the seller is and is not being asked to represent, and why guessing is worse than saying nothing.
The rest of the Virginia set follows the same pattern. The Exclusive Right to Sell Listing Agreement and Exclusive Buyer Representation Agreement are drafted around Virginia's written-agreement expectations and compensation disclosure. The Independent Contractor Agreement addresses the broker's supervision duties alongside the contractor classification. The Commission Disbursement Authorization and the Termination of Listing Agreement round out the paper trail a Virginia broker keeps for audit.
What just went live in Washington
Washington is the state agents point to when they want an example of agency law done deliberately. The Real Estate Brokerage Relationships Act, codified in RCW 18.86, defines the duties a broker owes to a represented party, the duties owed to every party, and the conditions under which a broker can act for both sides. Washington's terminology is limited dual agency, and it requires the written, informed consent of both the buyer and the seller. Washington also expects brokers to provide a pamphlet explaining the available relationships before the parties commit.
The Dual Agency Informed Consent — Washington Edition is drafted in that vocabulary. It identifies the limited nature of the representation, names what the broker may not disclose to either side without permission, and leaves room for the parties to understand what they are agreeing to rather than just signing it.
Washington sellers of residential property are subject to a statutory seller disclosure regime, so the Seller Property Condition Disclosure Statement — Washington Edition is drafted to complement, not replace, the statutory form. The commentary is explicit about that distinction, because mixing up a broker-prepared supplement with the required statutory delivery is the kind of mistake that surfaces late in a dispute.
The Addendum to Purchase Agreement, Counteroffer Form, and Real Estate Team Agreement carry Washington-specific notes on writing requirements and on how team structures should be described to consumers. The Referral Agreement (Broker-to-Broker) addresses referral fee practice between licensed firms, with a reminder that licensing law restricts who can be paid for what.
What just went live in Colorado
Colorado is the most structurally different edition in the batch. Under the Colorado Real Estate Broker Relationships Act, beginning at C.R.S. § 12-10-401, the state moved away from traditional dual agency. The default relationship is the transaction-broker, a neutral facilitator who does not advocate for either side, and a broker may serve as a single agent only if the client agrees to that in writing. Brokers who want to represent one party do it by written agreement, not by assumption.
That means a form titled "Dual Agency Informed Consent" would be the wrong instrument in Colorado. The Colorado edition keeps the same file identifier so your records stay consistent across states, but the document itself is rebuilt as a Transaction-Broker Disclosure & Consent. It explains what a transaction-broker does, what the broker will not do, what information remains confidential, and how a party can elect single-agent representation instead. This is the same pattern the library already uses for Texas and Florida, where the regime is not dual agency but a state-specific alternative.
Colorado properties in common-interest communities add another layer. The Colorado Common Interest Ownership Act, C.R.S. Title 38, Article 33.3, imposes disclosure obligations that interact with the seller disclosure and addendum process. The Seller Property Condition Disclosure Statement — Colorado Edition and Lead-Based Paint Disclosure — Colorado Edition are drafted with that context in the commentary, so a broker handling a condominium or HOA listing is reminded to look beyond the form.
The Exclusive Right to Sell Listing Agreement and Exclusive Buyer Representation Agreement are written to line up with the broker-relationship framework, so the listing agreement does not quietly assume a relationship the broker has not offered.
What stayed out, on purpose
Every edition is written from our own master templates, not copied from a state or local association form. That matters for two reasons. First, association forms are copyrighted and licensed to members, and we do not reproduce them. Second, a form built from first principles is easier to explain: each clause is there because a statute, a rule, or a recurring dispute pattern puts it there.
Where we were not certain of a precise citation or a current statutory detail, the edition describes the rule in general terms instead of inventing a section number. A vague-but-true sentence is better than a precise-but-wrong one. The commentary also tells you when to confirm current requirements with your broker, your state regulator, or your attorney before relying on the form.
Electronic signatures and the statute of frauds
Two items appear in every state edition because they matter in every transaction. The first is electronic signature validity. All three of these states have adopted electronic transaction legislation that generally gives electronic signatures and records the same effect as their paper counterparts, subject to exceptions and consent requirements. Each edition includes language that supports e-signing without overpromising what the law will do in an edge case.
The second is the statute of frauds. Agreements to sell real property, and in many states listing and commission agreements, must be in writing and signed to be enforceable. A broker who relies on a verbal understanding or an unsigned email thread is gambling with the commission. The fill-in-the-blank structure of each form, with its signature blocks and initialed disclosures, exists to make the written record complete.
Independent contractors and broker lien law
Two more themes recur. One is the independent contractor relationship between agent and broker. Licensing law generally lets a broker treat a licensee as an independent contractor, but the label does not control: supervision duties, control of the work, and tax rules all look at what actually happens. The Independent Contractor Agreement in each edition documents the relationship accurately, and the commentary flags the supervision obligations a broker keeps regardless of the label.
The other is commission protection. Some states give licensed brokers a statutory lien or similar remedy on certain transactions; others limit brokers to contract claims. The state editions describe the remedy that actually exists in that state, not the one a broker might wish for, so the Commission Disbursement Authorization and the listing agreements work as written.
Using the new editions responsibly
These forms are drafting aids, not legal advice, and no template substitutes for your broker's review. A few habits make them far more useful:
- Start with your brokerage's policies. Many firms require specific forms or additional provisions. Treat the edition as a baseline to compare against.
- Read the commentary before you fill in the blanks. The drafting notes explain why a clause exists and when to modify it.
- Match the form to the relationship. A buyer who has not agreed to representation should not be handed a representation agreement, and a Colorado client who has been offered only a transaction-broker relationship should not be told the broker is their advocate.
- Keep the executed copies. The signed form is your audit file. Store it with the transaction record, not in an email thread.
- Confirm current law. Statutes and regulator guidance change. If your transaction involves anything unusual, call your attorney.
Format and pricing
Each edition is delivered as a print-ready PDF with fill-in-the-blank fields, signature blocks, drafting commentary, and disclaimers. You can browse the full catalog on the forms library hub, or open any single form to see every state edition available for it. Individual forms are sold per state, and there are bundle options for brokers who work across multiple jurisdictions.
What's next
Thirty-eight jurisdictions remain, including the District of Columbia. The next states in the queue are Michigan, Ohio, and Tennessee, followed by South Carolina, Maryland, and Massachusetts. Once all 51 jurisdictions are live, the library shifts from adding states to adding form types: escalation addenda, escrow instructions, open house sign-in and liability waivers, FSBO commission agreements, lease listing agreements, and property management agreements, each one built across every live state.
If you work in Virginia, Washington, or Colorado, the new editions are ready today. If your state is not live yet, check back soon, because the queue moves every day.