West Virginia legislation · 2026 Regular Session
West Virginia HB5091: Relating to duties of licensees under the West Virginia Real Estate License Act
Status: Passed one chamber, March 4, 2026
What the bill says
To amend and reenact §30-40-26 of the Code of West Virginia, 1931, as amended, relating to the duties of Real Estate Commission licensees. ARTICLE 40. WEST VIRGINIA REAL ESTATE LICENSE ACT. §30-40-26. Duties of licensees. Every broker, associate broker, and salesperson owes certain inherent duties to the consumer which are required by virtue of the commission granting a license under this article. The duties include, but are not limited to: (a) At the time of securing any contract whereby the broker is obligated to represent a principal to a real estate transaction, every licensee shall.
From the engrossed text, February 24, 2026:
A BILL to amend and reenact §30-40-26 of the Code of West Virginia, 1931, as amended, relating to the duties of Real Estate Commission licensees. ARTICLE 40. WEST VIRGINIA REAL ESTATE LICENSE ACT. §30-40-26. Duties of licensees. Every broker, associate broker, and salesperson owes certain inherent duties to the consumer which are required by virtue of the commission granting a license under this article. The duties include, but are not limited to: (a) At the time of securing any contract whereby the broker is obligated to represent a principal to a real estate transaction, every licensee shall supply a true legible copy of the contract to each person signing the contract. (b)(1) No consumer shall be required to enter into a buyer's agency agreement prior to execution of a written offer to purchase real property in West Virginia. Any such agreement shall apply only to the transaction contemplated by the written offer and the agreement shall automatically terminate if and when the contemplated transaction is completed or otherwise terminated: Provided, That any such agreement may be extended for a definite period upon the written consent of the consumer and the licensee. (2) Any licensee may show real property in West Virginia to any consumer without entering into a buyer's agency agreement. (3) When a licensee prepares a written offer for …