Agency Relationships in West Virginia
West Virginia requires disclosure of agency relationships and recognizes seller, buyer, and dual agency. This chapter explains the disclosure and the duties licensees owe to clients and customers.
Agency Relationship Disclosure
West Virginia licensees must disclose the agency relationship to a consumer before confidential information is shared, generally at the start of the working relationship. The disclosure explains whether the licensee represents the seller, represents the buyer, or acts as a dual agent, so the consumer understands who is being represented in the transaction.
Seller and Buyer Agency Duties
A licensee who represents a seller or a buyer owes that client duties including loyalty, confidentiality, obedience to lawful instructions, disclosure, accounting, and reasonable care. To the other party the licensee still owes honesty and fair dealing and must disclose known material defects in the property. These duties continue throughout the transaction.
Dual Agency
Dual agency, in which one licensee or firm represents both the buyer and the seller in the same transaction, is permitted in West Virginia only with the informed written consent of both parties. A dual agent must treat both parties honestly and may not disclose one party's confidential information to the other. Because a dual agent cannot fully advocate for either side, both parties must knowingly consent.