Chapter 2 of 1723% of exam

Licensing: Maintenance, Activities Requiring a License, and Exemptions

Area II is the largest block after Broker Management at 14 of 60 items. The outline splits it into license maintenance, the activities that require a license, and the exemptions from licensure.

License Maintenance

The license year runs July 1 to June 30 and every license expires on June 30 regardless of when it was issued; fees are not prorated. An expired license may be renewed with a late fee on or before December 31 of the year it expired, after which the license is cancelled and the holder must requalify for a new license, examination included. West Virginia's four statuses are defined in section 30-40-4: active, inactive (not authorized to do business and owing no continuing education), expired (not renewed by July 1), and cancelled (not renewed by December 31). Transfers require written notice to the current responsible broker, an application for change of responsible broker, and Commission approval before any licensed act; the former broker must immediately return the license certificate. Continuing education is seven hours per fiscal year, three of them broker-level for brokers and associate brokers, and the courses may not repeat the previous renewal's.

Activities Requiring a License

Section 30-40-4 defines a broker by function: for compensation, listing, selling, purchasing, exchanging, optioning, renting, managing, leasing, or auctioning any interest in real estate, or procuring a prospect intended to result in a transaction, or holding oneself out as doing any of it. Section 30-40-23 makes a single act done for compensation, or in expectation of it, enough to bring a person inside the article. Section 30-40-3 closes the interstate gap: a licensee of another state must obtain a West Virginia license before practicing here, even when affiliated with a West Virginia broker. A licensee who wants to work for two brokerages must hold a license and certificate for each.

Exemptions from Licensure

Section 30-40-5(c) lists the exemptions. Among them are a person acting on his own behalf as owner or lessor; regular employees of an owner performing acts incidental to management without extra compensation and not as a vocation; attorneys-at-law, who must nonetheless pass the written examination to qualify for a broker's license; a good-faith holder of a power of attorney; receivers, trustees, executors, and guardians acting under court authority; public officers on official duty; persons dealing in timber, minerals, easements, or rights of way; and noncommissioned clerical employees, who may accept and process rental bookings of no more than 30 consecutive days on terms the broker sets in advance.

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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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