Do you work with owners who live out of state?
Yes. Bowman Real Estate works with owners who live elsewhere and own property in Carroll, Grayson, Wythe, Pulaski, Montgomery or Floyd counties or the City of Galax. The valuation request goes by phone, email or the form, the brokerage agreement is written, showings are run by a licensee, and a deed can be notarized where the owner lives, if the settlement agent and lender accept that signing method.
The valuation request is the step that never needed you in Virginia
Taken step by step from wherever you live, a sale here begins with the one part that already runs at a distance: you ask for a valuation by phone, by email, or through the form on the free valuation page, and nothing about that request depends on the state you live in.
The request asks where the property is, not where you live. Lowell follows up by phone or email, and the valuation can be put in writing, which suits a sale where the people with a say in it are spread across several states.
The footprint belongs to the property, not to you: Carroll, Grayson, Wythe, Pulaski, Montgomery and Floyd counties and the City of Galax. Whether the request costs anything is answered in whether we charge for a valuation. An owner who inherited the ground or bought it long ago and has never stood on it has a different set of questions, taken up in selling land you have never visited.
Listing from another state starts with an agreement you can read in full
Virginia does not leave the listing relationship to a handshake. Under Va. Code 54.1-2137, brokerage agreements have to be in writing, and that requirement happens to suit an owner who is several states away.
The brokerage agreement is the Code's name for that paper; on the seller's side most people call it a listing agreement. Either way it is a document, so you can read every term at your own table, take the time you need, and have an attorney look it over before you sign.
What distance does not change is the content. The agreement has to say the same things for an owner down the road and an owner across the country. How the pages reach you and come back signed is something to settle with the office at the start, so the listing date does not wait on the mail.
Before the property is offered, expect a check that you are the owner or act for one
When the owner lives far away and nobody at the office has met them in person, one Real Estate Board rule carries more weight than usual.
Actions constituting improper dealing include offering real property for sale or for lease without the knowledge and consent of the owner or the owner's authorized representative without taking reasonable steps to verify identity, or on any terms other than those authorized by the owner or the owner's authorized representative.
18VAC135-20-280 B
So expect a check, before the property is offered, that you are who you say you are and that you own it or are authorized to act for its owner. That is not suspicion aimed at you. A seller nobody ever sees is the easiest seller for a stranger to pretend to be, and the check protects the real owner first.
The second half of the rule matters as much: the property can be offered only on the terms you, or your authorized representative, have approved. Settling those terms on paper before the listing starts is what keeps a sale run from several states away from drifting from what the owner agreed to.
Showings are a licensee's work, wherever the owner happens to live
Once the property is listed, the people walking it are buyers, and Virginia puts the showing in a licensee's hands.
Under 18VAC135-20-335 A, showing property, holding an open house, answering questions on listings, contracts and brokerage agreements, and negotiating a commission are activities only a licensee may perform. The definition of showing property in Va. Code 54.1-2130 covers taking a prospective buyer through a property, and it also covers entering a property to give a live, virtual tour to a prospective buyer who is not physically present. That second clause is about a buyer who cannot be there. It says nothing about the seller.
Whether you have to be present for any of it, near or far, is answered in whether you need to be there for showings.
A notary where you live or a remote online notarization, and who decides which one works
At the end of a sale, distance shows up in the signatures. Virginia's notary law gives an owner in another state two routes, and neither one is a promise that a given closing will accept it.
- A notary in your own state. Under Va. Code 47.1-13.1, a notarial act performed outside Virginia, for use in Virginia, by a notary public authorized under the laws of that jurisdiction has the same effect as one performed by a Virginia notary.
- Remote online notarization. Va. Code 47.1-2 defines it as an electronic notarization under Virginia's notary chapter where the signer is not in the physical presence of the notary. Under Va. Code 47.1-13, an electronic notarial act performed under that chapter is deemed performed within Virginia and governed by Virginia law.
Which of those a particular closing will take is settled by the people running it. Under Va. Code 55.1-1000, a settlement agent is a person other than a party to the transaction who provides escrow, closing or settlement services and is listed as the settlement agent on the settlement statement or closing disclosure, and a non-party who conducts the settlement conference and handles money is treated as one too. The role is described under what a settlement agent is. Put the signing question to that person, and to the buyer's lender if there is one, before planning how you will sign.
Remote closings and electronic recording, in full, are covered in whether a closing can happen remotely. Tax questions for an owner who lives outside Virginia sit outside a real estate licensee's work and belong with an accountant.
Own property in the six counties or Galax while living in another state?
Send the county and the address or tax map number, and say which state you are writing from. A written valuation can come first, before any paperwork crosses state lines. No cost, no obligation.
Got it. Thank you.
We'll be in touch shortly with an honest read.
Questions this raises
Can a relative in Virginia sign the listing paperwork for me?
Only if that person is authorized to act for you. The Real Estate Board's improper dealing rule, 18VAC135-20-280 B, speaks of the owner or the owner's authorized representative, and it expects reasonable steps to verify identity before a property is offered. Whether a particular document actually gives your relative that authority is a question for an attorney, and it is worth settling before the listing starts rather than at settlement.
Are there Virginia tax rules for a seller who lives in another state?
That question belongs with an accountant, preferably one who can look at both your home state and Virginia. This page does not state any Virginia income tax, withholding or filing rule for a nonresident seller, because tax treatment of a sale is outside a real estate licensee's work. Raise it early, before the settlement statement is drawn up.
Where this page's facts come from
Every rule, office and figure above traces to one of these. Rules change; check the office before you act on one.
- Va. Code 54.1-2137, commencement and termination of brokerage relationships; brokerage agreements in writing Virginia General Assembly
- Va. Code 54.1-2130, definitions, including showing property Virginia General Assembly
- 18VAC135-20-280 B, improper dealing, and 18VAC135-20-335 A, activities only a licensee may perform Virginia Real Estate Board
- Va. Code 47.1-2, definitions, including remote online notarization Virginia General Assembly
- Va. Code 47.1-13.1, notarial acts performed outside the Commonwealth Virginia General Assembly
- Va. Code 47.1-13, electronic notarial acts deemed performed in Virginia Virginia General Assembly
- Va. Code 55.1-1000, definitions, including settlement agent Virginia General Assembly