West Virginia Fair Housing
Area V is 4 of the 60 state items and the outline prints no lettered subtopics under it. The West Virginia Fair Housing Act was recodified from chapter 5, article 11A to chapter 16B, article 18; every section of the old article now reads Repealed.
Protected Classes and Prohibited Practices
Section 16B-18-5 makes it unlawful to refuse to sell or rent after a bona fide offer, to refuse to negotiate, to otherwise make unavailable or deny a dwelling, to discriminate in the terms or conditions of a sale or rental, to publish an advertisement indicating a preference or limitation, or to misrepresent that a dwelling is unavailable, because of race, color, religion, ancestry, sex, familial status, blindness, disability, or national origin. Ancestry and blindness are the two classes the federal list does not carry in those words. Subsection (e) prohibits inducing a sale or rental for profit by representations about the entry of persons of a protected class into a neighborhood.
Brokerage Services, Accommodations, and Exemptions
Section 16B-18-7 makes it unlawful to deny any person access to or membership in a multiple listing service, broker's organization, or similar facility on a protected basis, so the act reaches the industry's own institutions. Section 16B-18-5(f) requires reasonable accommodations and reasonable modifications for persons with disabilities; a request for an assistance animal may not be conditioned on a pet fee or deposit, and may be denied only on an individualized assessment showing a direct threat or substantial property damage. Section 16B-18-8 supplies the religious organization, private club, and housing-for-older-persons exemptions, and section 16B-18-4 exempts certain owner-occupied and small-owner sales, but only where no real estate broker's services are used.
Enforcement and the Licensee's Exposure
An aggrieved person may file with the West Virginia Human Rights Commission within one year of the discriminatory housing practice under section 16B-18-11, or bring a civil action in circuit court within two years under section 16B-18-14, where actual and punitive damages, injunctive relief, and attorney fees are available. Separately, W. Va. Code section 30-40-19(a)(27) makes discrimination that violates any federal or state anti-discrimination law, including any fair housing law, a ground for real estate license discipline, so the same conduct can cost a licensee the license.
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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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