Guides / Buyer-Agent Agreements / West Virginia

Buyer-Agent Agreements in West Virginia

West Virginia has NOT passed its own statute codifying buyer-agent representation agreement requirements. It relies purely on the national NAR settlement/MLS participation rules, the same approach as New York — not a Texas (SB 1968) or California (AB 2992) style state law. Two legislative attempts to codify a written-agreement-before-showing requirement into W. Va. Code §30-40-26 failed: HB 3145 (2025 session) and its near-identical successor HB 5091 (2026 session) both passed the House of Delegates but died in the Senate Judiciary Committee without final passage before the legislature adjourned sine die on March 14, 2026. A separate, narrower bill, SB 672 (2026), which would have amended §30-40-19 (grounds for license discipline, covering rebates/compensation issues), passed the full legislature but was vetoed by Governor Patrick Morrisey on April 2, 2026, due to a drafting flaw involving conflicting training requirements — the Governor called it a fixable technical issue and invited the legislature to revisit it. West Virginia's only currently operative statutory provision in this space, W. Va. Code §30-40-26, predates the NAR settlement and only requires written agency disclosure (who the licensee represents) before a person signs a representation or purchase contract — it does not itself mandate a signed buyer-agency agreement before touring homes. That specific requirement in West Virginia currently flows entirely from the national NAR settlement practice change (effective August 17, 2024) as implemented through MLS participant rules, not from state law.

Requirements

Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.

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