West Virginia Real Estate Law and Commission Rules
West Virginia licensees work under W. Va. Code Chapter 30, Article 40, and the rules of the West Virginia Real Estate Commission. The Commission, whose members are appointed by the Governor, licenses brokers, associate brokers, and salespersons, sets education and examination requirements, and disciplines licensees. Only licensed persons may be paid for brokerage services, and compensation must flow to and through the broker.
Licensing essentials
Pre-licensing education, examination, a background check, and affiliation with a licensed broker are required before a salesperson may practice. Licenses must be renewed on the Commission's cycle with continuing education; practicing on a lapsed license is a violation, and a change of brokerage affiliation must be reported. Unlicensed assistants may perform clerical work but may not negotiate, show property for compensation, or advise on terms.
Broker duties
The broker supervises licensees and staff, maintains trust accounts, and keeps transaction records. Earnest money and other client funds belong in a separate escrow or trust account; commingling with operating funds is prohibited and disbursements need proper authorization. Advertising must identify the brokerage.
Prohibited conduct
Misrepresentation, undisclosed dual agency, commingling or conversion, failure to disclose material facts, undisclosed compensation, discriminatory practices, and unlicensed activity are all grounds for discipline. Penalties range from reprimand and fines to suspension or revocation.
Traps
Assuming another state's license transfers automatically - reciprocity, where it exists, is narrow. Assuming an unlicensed assistant can host an open house for a fee. Assuming the Commission can award damages to a consumer - it disciplines licensees; it does not award money.
Rule of thumb: confirm the current renewal cycle, continuing education hours, and required forms on the Commission's official site before relying on any number.