General Powers and Duties of the Real Estate Commission
Area I of the West Virginia broker outline is 9 of the 60 state items and is organized around three things the Commission does: audits, complaints and hearings, and penalties including the cost of proceedings.
Audits
W. Va. Code section 30-40-7(q) lets the Commission perform compliance audits on real estate brokerage offices, education providers, or any other person it regulates, so the audit power follows who is regulated rather than who has been accused. Section 30-40-18(h) makes the broker's trust fund records open to inspection by the Commission or its authorized representative at all times during regular business hours at the broker's place of business, and rule 174-1-10.3 adds that the broker must give the Commission enough space to inspect without interference. A separate and narrower power in section 30-40-7(k) lets the Commission examine a charged licensee's books, but only as far as the specific violation alleged.
Complaints, Investigations, and Hearings
Complaints are filed in writing on the Commission's form, and no disciplinary action may be brought on a complaint filed more than two years after the acts alleged, with a matching discovery rule for fraud, deceit, or misrepresentation, under section 30-40-20(a). The licensee must answer within 20 days of service, and failure to answer may be treated as an admission. If the Commission finds probable cause it may hold a hearing or dispose of the matter informally by consent agreement. A hearing may be held no sooner than 30 days after the notice of hearing, and a final decision must contain findings of fact, conclusions of law, and the discipline imposed, with judicial review available under section 29A-5-4.
Penalties and the Cost of Proceedings
Section 30-40-7(l) lists the sanctions available to the Commission, including denial, probation, suspension, revocation, restitution, censure, required additional education, downgrade of license, an order returning compensation to an injured consumer, and an administrative fine of up to $1,000 per day per violation. Section 30-40-21(g) adds that the Commission may require a licensee to pay the costs of the proceeding on top of any other sanction. Criminal fines and jail terms under section 30-40-22 come from a court on conviction, not from the Commission. Revoking a broker's license automatically suspends every affiliated associate broker and salesperson, who receive a replacement license under a new broker without charge.
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State-specific details
State exam facts
- State regulator
- West Virginia Real Estate Commission
- 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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