Chapter 4 of 177% of exam

Agency Relationships and the Notice of Agency Form

Agency is only 4 of the 60 items on the West Virginia broker outline, which is unusually low for this exam family. Its two lettered subtopics are the notice of agency form and the types of agency.

The Notice of Agency Form

Rule 174-1-16.1 requires the Commission's notice of agency relationship and consent form to be signed by the licensee and the client when the relationship is created, and by all parties before negotiations begin. The broker gives a copy to everyone who signs and keeps one in the transaction file, and all members of a team must be listed on or attached to a form a team member signs. If a change in agency status makes an earlier disclosure inaccurate, incomplete, or misleading, rule 174-1-16.3 requires the licensee to prepare a corrected form and present it to all parties at once, dated and acknowledged in writing by all of them.

Types of Agency

Section 30-40-26(d) requires every licensee to disclose in writing on the Commission's form whether the licensee represents the seller, the buyer, both, the landlord, the tenant, or both, and to do so before anyone signs a contract for representation or a contract to buy or sell. The list is closed, so the disclosure is a choice among defined relationships. Failing to make it is a ground for discipline under section 30-40-19(a)(12).

Dual Agency

Rule 174-1-16.2 provides that a licensee may not be the agent for both buyer and seller without first obtaining the written consent of both. Section 30-40-19(a)(7) reaches the same conduct as a disciplinary ground, making it a violation to act for more than one party without the knowledge and written consent of all parties for whom the licensee acts. Both texts say written, so an oral go-ahead protects no one, and neither the fee arrangement nor the broker's internal approval substitutes for the parties' consent.

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State-specific details

State exam facts

Exam vendor
Pearson VUE
Prelicensing education
90 clock hours (WV salesperson licensees) or 180 clock hours otherwise
Passing score
75%
Scored questions
140
Time limit
240 minutes
Who regulates real estate brokers in West Virginia?

The West Virginia Real Estate Commission licenses salespersons, associate brokers, and brokers. Note that the Commission's official site is rec.wv.gov. The Commission approves your application first and then issues an authorization to test through Pearson VUE, which delivers the exams; passing scores are good for 90 days, within which you must apply for the license.

What experience do I need before the West Virginia broker exam?

Broker and associate broker applicants must be at least 18 with a high school diploma or equivalent and must pass a national criminal background check. The experience requirement in W. Va. Code §30-40-12 is stated in closed transactions, not in years: either representation of a buyer or seller in at least 20 closed transactions as a licensed salesperson during the two years before you apply, or — expressly "regardless of the number of years as a licensed salesperson" — at least 40 closed transactions. (The Commission's own broker web page also states a two-year minimum as a salesperson; the statute's second path does not impose one, so confirm which the Commission is applying to your file.) A "closed transaction" means the real estate was actually conveyed, or a lease of at least one year was consummated, with you representing a party. Your former responsible brokers must file affidavits attesting to that experience. Education depends on your current status: candidates who hold a West Virginia salesperson license complete 90 clock hours of broker education — 30 hours of Brokerage Operation and Management, 25 hours of Human Resources Management and Interpersonal Skills, and 35 hours of West Virginia Specific Real Estate for Brokers — while applicants without a WV salesperson license must complete 180 clock hours (12 college semester credit hours). Coursework must have been completed within the three years before you apply, and you must score 70% or higher in each subject area to be eligible to sit the exam.

How is the West Virginia broker exam structured?

The broker exam is divided into two parts that are scheduled and scored separately: a national portion of 80 scored items allowed 150 minutes, and a West Virginia state law portion of 60 scored items allowed 90 minutes, each carrying unscored pretest items as well (the handbook's fee table says 5 per part, while both content outline pages say 5 to 10). The West Virginia state portion is six areas: Commission powers 9 items, Licensing 14, Real Estate Practice 11, Agency Relationships 4, West Virginia Fair Housing 4, and Broker Management 18 — that last block, on trust funds, place of business, brokerage operations, and supervision, is the part the salesperson exam has no counterpart to. The passing score for the broker level is 75% (the salesperson level is 70%), and scores are reported as scaled scores. Despite what some third-party guides claim, the current Pearson VUE handbook describes only these two multiple-choice parts — there is no broker simulation portion.

Sources: https://rec.wv.gov/License-Info/Pages/Broker.aspx, https://rec.wv.gov/Education/Pages/Pre-Licensing-Education.aspx, https://www.pearsonvue.com/content/dam/VUE/vue/en/documents/publications/094900.pdf, https://code.wvlegislature.gov/30-40-12/, https://code.wvlegislature.gov/30-40-14/

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