You need to specify whether you mean Purchase Agreement or HUD-1 Settlement Statement.
Quick Answer - In VA Must be on HUD-1, and cannot be on HUD-1 if not in purchase agreement.
Long Answer:Real Estate Agent Disclosure
The Statute of Frauds requires that all contracts regarding the transfer of real property must be in writing.
In Virginia only a licensed real estate broker, real estate sales person or attorney may receive a commission for the sale or purchase of real property....