West Virginia Agency Disclosure Must Use a Commission Form

West Virginia's state exam includes 7 dedicated math questions on prorations and closing statements, and candidates who cannot determine debits versus credits lose all 7.

The WVREC governs real estate licensing in West Virginia. The PSI exam tests 50 state specific questions alongside 80 national questions, with a minimum passing score of 70%. Three topics account for the bulk of state-portion errors: the commission-promulgated agency disclosure form and its timing requirements, the brokerage contract rule prohibiting auto-renewal clauses, and the WVREC's specific composition and disciplinary powers. Let me break this down: West Virginia's agency framework is more form-specific than most states, and that specificity is exactly what the exam tests.

Agency Relationships

West Virginia requires agency disclosure on a specific commission-promulgated form, not any written agency disclosure but the WVREC's own form, and the exam tests the timing requirement that distinguishes West Virginia's rule from general agency disclosure principles taught nationally.

West Virginia requires written disclosure of agency relationships on a commission-promulgated form before any contract is signed, the exam hammers timing and the specific duties owed to principals versus customers.

The PSI exam tests the difference between what a West Virginia agent owes a principal (full fiduciary duties) versus what is owed to a customer (honest, accurate information only). Know that the timing trigger for the commission form is before the first substantive service is provided, not just before the contract, and that using a non-commission form does not satisfy the requirement. Here's the thing most people miss: any written disclosure is not good enough in West Virginia. It has to be the WVREC's form. Full stop.

Brokerage Disclosures

West Virginia prohibits auto-renewal provisions in brokerage contracts. Every listing and buyer representation agreement must have a definite expiration date, and any clause that automatically extends the term is invalid under the licensing statute.

Every brokerage contract must contain a definite expiration date with no auto-renewal provision, no clause can require the client to pay commission after expiration if they switch brokers.

The PSI exam tests what brokerage contracts must and must not contain under West Virginia law. Know that the definite expiration date requirement applies to all brokerage agreements, that no tail provision can extend commission liability after expiration when the client has switched brokers, and that the WVREC can discipline a licensee whose contract contains prohibited terms even if the client signed it.

West Virginia's brokerage contract rules are specific to its licensing statute. The exam presents contract excerpts and asks whether each clause complies with WVREC requirements. Candidates who learned general contract drafting principles will miss the questions that test the West Virginia-specific prohibitions.

Commission Powers

The WVREC has a specific five-member composition (four licensed practitioners and one citizen member), and the exam tests that structure because it differs from commission compositions in neighboring states that candidates may have studied.

The WVREC has authority to refuse, revoke, or suspend licenses and impose fines, but only accepts written complaints and only has five commissioners (four licensed, one citizen), the exam tests composition and disciplinary grounds.

Real estate commission disciplinary powers differ by state. Virginia has VREB regulations that define grounds for license suspension and revocation with specific procedures, and Ohio uses the Ohio Division of Real Estate to investigate complaints. West Virginia's commission powers and the procedures candidates must know are governed by its own licensing law.

Know the WVREC's five-member composition, the written-complaint-only requirement for initiating disciplinary proceedings, and the specific grounds for license refusal, suspension, and revocation under West Virginia's licensing statute. The exam tests these procedural details as much as it tests the substantive grounds for discipline.

The citizen member on the WVREC is a detail the exam tests because it reflects a consumer protection requirement. Know that this member can't hold a real estate license and can't represent industry interests, which is the opposite of the four licensed members' role. I know, I know. Another board composition to memorize. But this one actually matters on the exam.