Real Estate Practice in West Virginia
West Virginia practice includes broker-held trust accounts and a duty to disclose known material defects. This chapter covers trust money and the licensee's disclosure obligations.
Trust Accounts and Earnest Money
Client funds such as earnest money must be handled through the brokerage's trust (escrow) account, which the broker maintains, and kept separate from the broker's own funds. A salesperson who receives money must deliver it promptly to the supervising broker for deposit. Commingling or converting client money is one of the most serious violations of West Virginia license law.
Disclosure of Known Material Defects
West Virginia licensees must disclose known material defects about a property that could affect a reasonable buyer's decision and must deal honestly with all parties. A licensee may not conceal or misrepresent a known defect even if the seller wishes to hide it. Careful, honest disclosure protects consumers and reduces the licensee's exposure to complaints and liability.
Advertising and Honest Dealing
Advertising must be truthful and identify the brokerage; a salesperson may not advertise property independently of the supervising broker. Licensees must avoid misrepresentation and false or misleading statements. Accurate practice protects consumers and limits the licensee's exposure to discipline.