Preparation of a Sales Contract by a Real Estate Agent or Broker.

It is not the unauthorized practice of law for a real estate agent or broker, when acting as an agent for the seller, to prepare a contract for the sale of a business to a prospective buyer. The preparation of notices or contracts by non-attorneys, when incident to the regular course of conducting a licensed business, are permitted by Rules of Virginia Supreme Court, Part 6, § I(A)(2) and Va. Code § 54-731. It would be the unauthorized practice of law, however, if a real estate agent or broker prepared a contract for sale of a business when that contract relates to anything other than the transfer of real estate. [See UPL Op. 61.]

Committee Opinion
September 26, 1986
Updated: Aug 28, 2006