Chapter 12 of 1540% of exam

West Virginia Real Estate License Law

West Virginia real estate practice is governed by the real estate license law in W. Va. Code Chapter 30, Article 40, and administered by the West Virginia Real Estate Commission. This chapter covers licensing authority, the brokerage relationship, and how salespersons are supervised.

The West Virginia Real Estate Commission

The West Virginia Real Estate Commission licenses and regulates brokers and salespersons under W. Va. Code Chapter 30, Article 40. A license is required to perform real estate brokerage services for others for compensation unless an exemption applies. The Commission investigates complaints and may deny, suspend, or revoke a license and impose penalties for violations of the license law and its rules.

Salespersons Work Under a Broker

A West Virginia salesperson may perform brokerage activity only under the supervision of a licensed broker and may not operate independently. The salesperson's license is associated with one supervising broker, who is responsible for the salesperson's real estate conduct and for the brokerage's trust accounts and records. A salesperson is compensated only through the supervising broker.

Grounds for Discipline

The Commission may discipline a licensee for conduct such as misrepresentation or false promises, dishonest or fraudulent dealing, commingling or converting trust funds, failing to make required disclosures, and violating the license law or rules. Penalties can include fines, license suspension, or revocation. Mishandling client money held in trust is treated as one of the most serious violations.

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