West Virginia Real Estate Agent Listing Agreement

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Updated April 25, 2022

A West Virginia real estate listing agreement is a contract between a real estate broker and their client in which the broker agrees to act as the client’s real estate agent for the sale or lease of their property in exchange for a commission. The contract must have a termination date by which the agent must sell the real estate in order to earn the commission. Most listing agreements are exclusive agreements that give the agent the exclusive authority to sell the property for the duration of the contract. However, some agents may accept an open listing agreement which allows multiple agents to attempt to sell the property. In an open agreement, the agent who sells the real estate wins the commission, making it a riskier endeavor for the broker to accept this agreement type. Upon execution of the agreement, the agent will be given the authority to sell the client’s real estate for the duration of their contract or until the agreement is otherwise terminated.

Agency Disclosure Form (§ 30-40-26(d)) – Licensed real estate agents are required to give the buyer or seller an agency disclosure statement prior to the signing of any contract for representation.

Dual Agency (§ 30-40-26(d)) – Dual agency is permitted in West Virginia as long as the seller and buyer both give their informed written consent prior to signing an agreement.

Property Disclosure Statement –West Virginia law requires sellers to provide buyers with disclosure regarding the property’s condition.

Search a Licensee – Verify a licensee by performing a search on the Arello webpage.