Chapter 3 of 1718% of exam

Real Estate Practice: Scope of Practice, Fees, and Advertising

Area III is 11 of the 60 state items and carries two lettered subtopics on the broker outline: scope of practice and fees, and advertising rules.

Scope of Practice and Fees

Section 30-40-5(b) puts outside brokerage the activities normally performed by an appraiser, mortgage company, lawyer, engineer, contractor, surveyor, home inspector, or other professional providing an ancillary service. On fees, section 30-40-25 bars any court action to recover compensation for acts requiring a broker's license unless the plaintiff pleads and proves he held a valid license throughout, with one exception allowing a salesperson or associate broker to sue his own broker. Section 30-40-19(a)(16) confines a salesperson's compensation to his own broker, and rule 174-1-15.2 says the same about collecting money. Net listings are a ground for discipline under section 30-40-19(a)(40). Rebates and inducements are allowed only with written disclosure of their terms and fair market value and with the responsible broker's written permission. A broker must give written notice to all parties before paying part of her compensation to the broker on the other side.

Advertising Rules

Rule 174-1-17.1 requires every advertisement for a specific property or service to carry the company name, the responsible broker's name and the term Broker, the physical address of a licensed office, and a phone number; yard signs are excused from the address. The brokerage identification must appear at no less than half the size of any associate broker, salesperson, or team name. Rule 174-1-17.2 bars any salesperson, associate broker, or team from advertising property under their own name without the responsible broker's name, and requires all advertising to be under the broker's direct supervision and in the broker's name. On the internet the required information must appear on the first screen, and on social media it must be reachable within two mouse clicks. Section 30-40-19(a)(10) makes it a ground for discipline to display a for-sale or for-rent sign without an agency relationship or the owner's written consent.

Keep going: the full West Virginia Real Estate Broker guide covers every section of the exam. West Virginia Real Estate Broker Exam Study Guide (2026) — PDF + EPUB, $19.99 · 14-day refund →

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/

Studying in order?

In the West Virginia Real Estate Broker guide: A 60-question national practice exam, with a key that explains all four options and not just the right one. Practice here stays free.

Get the book — $19.99
Report