Free practice tests

West Virginia real estate practice test

25 questions with answers and explanations · 2026

1. Under the statute of frauds, a real estate sales contract must be:

Answer & explanation

Answer: C. The statute of frauds requires real estate sales contracts to be in writing and signed to be enforceable.

2. What is the maximum administrative fine the Commission may impose?

Answer & explanation

Answer: A. Section 30-40-7(l) authorizes an administrative fine of up to $1,000 per day per violation. $5,000 and $10,000 figures come from the criminal fine ranges for second offenses, which a court imposes, not the Commission.

3. A salesperson earns $6,000 on a $150,000 sale. What was the commission rate?

Answer & explanation

Answer: B. Rate = commission / sale price = $6,000 / $150,000 = 0.04 = 4%.

4. In the cost approach, the appraiser estimates value by:

Answer & explanation

Answer: B. Cost approach: replacement (or reproduction) cost new - depreciation + land value. Land is valued separately because it does not depreciate.

5. Under the Code of Ethics, commission disputes between REALTORS associated with different firms are generally resolved through:

Answer & explanation

Answer: B. Article 17 requires REALTORS to mediate or arbitrate contractual and specific non-contractual disputes with other REALTORS through the association.

6. Where is the West Virginia Fair Housing Act currently codified?

Answer & explanation

Answer: C. In 2024 (SB 300) the Legislature repealed article 5-11A and recodified the Act at §16B-18. Older materials cite 5-11A; chapter 30, article 40 is the License Act.

7. A special assessment to install new sidewalks is paid by:

Answer & explanation

Answer: C. Special assessments are levied on properties that benefit from a specific local improvement, often over a fixed period.

8. A salesperson receives an earnest money check from a buyer. The salesperson should:

Answer & explanation

Answer: C. The broker manages the trust account; licensees must promptly deliver trust funds to the broker.

9. A buyer's 10-day inspection contingency expires without the buyer acting on serious issues found in the report. The buyer generally:

Answer & explanation

Answer: C. Contingencies have deadlines; once the period lapses without action, the buyer's protection on that item ends.

10. At what percentage of true and actual value is real property assessed for tax in West Virginia?

Answer & explanation

Answer: D. Section 11-3-1 requires assessment at 60 percent of true and actual value.

11. A listing where the seller may sell themselves without owing commission, but only the listing broker among agents is protected, is:

Answer & explanation

Answer: B. In an exclusive agency listing, the seller pays no commission on a self-sale, but the listing broker is protected if any broker sells it. (Reclassified to section 6 / CORE.)

12. At minimum, how much notice must be given before a disciplinary hearing?

Answer & explanation

Answer: A. Section 30-40-21(b) requires the hearing to be no less than 30 days after notice. Twenty days is the answer deadline.

13. Under West Virginia law, an 'assistance animal' is a service, therapy or support animal under what weight?

Answer & explanation

Answer: D. Section 16B-18-3 defines an assistance animal as one under 150 pounds that assists a person with a disability or provides emotional support for a disability.

14. How is an applicant's criminal history checked?

Answer & explanation

Answer: C. Section 30-40-11 requires a fingerprint-based state and national criminal history check through the State Police, forwarded to the FBI, at the applicant's cost. An attorney may substitute a State Bar letter of good standing.

15. A salesperson refers her buyer client to a lender that pays the salesperson's brokerage a marketing fee. What must happen first?

Answer & explanation

Answer: B. Section 30-40-19(a)(32) bars referring a party to a lender or affiliated business for a financial benefit without first obtaining the principal's signed consent.

16. A CMA prepared by a salesperson to suggest a listing price is:

Answer & explanation

Answer: D. A CMA is an informal estimate of a likely price range based on comparables - not an appraisal, which only a licensed appraiser can perform.

17. In an option to purchase, the seller who grants the option is the ____ and the option holder is the ____.

Answer & explanation

Answer: B. The seller (optionor) gives the option; the buyer (optionee) holds it. Only the optionor is bound during the option period, making it unilateral.

18. A seller owns the surface of a farm, but a 1930 deed reserved all oil and gas to a prior owner. What can the seller convey?

Answer & explanation

Answer: D. Once minerals are severed by reservation, the surface owner cannot convey them. Real estate includes any interest in land (§30-40-4), and implying otherwise would be a misrepresentation under §30-40-19.

19. A broker moves the main office across town. Within how many days must the broker notify the Commission?

Answer & explanation

Answer: C. Section 30-40-17(a)(3) and 174CSR1 §10.4 require the broker to apply before the change or within 10 days after it. Thirty days applies to a licensee's personal contact information and trade-name changes.

20. A licensee representing the seller who learns the buyer will pay more than the offer must:

Answer & explanation

Answer: C. Loyalty and disclosure require the seller's agent to share material information that benefits the client. The agent owes the buyer-customer no confidentiality.

21. A house with only one bathroom and very small closets in a market expecting more suffers from:

Answer & explanation

Answer: C. Functional obsolescence is outdated design or layout inside the property. External obsolescence comes from outside the property and is usually incurable.

22. A tenancy ends May 31 and a new tenant moves in June 20. By what date must the landlord return the deposit or itemized deductions?

Answer & explanation

Answer: A. The notice period in §37-6A-1 is the shorter of 60 days after the tenancy ends (July 30) or 45 days after a new tenant occupies (August 4). The shorter period controls, so July 30.

23. Adverse possession allows someone to acquire title by:

Answer & explanation

Answer: B. Adverse possession requires open, notorious, exclusive, continuous and hostile use for the statutory period. A tenant's possession is permissive, not hostile. (Reclassified to section 1 / CORE.)

24. In the early years of a fully amortizing fixed-rate mortgage, the largest portion of each monthly payment goes toward:

Answer & explanation

Answer: B. Early payments are mostly interest; as the balance declines, more of each payment goes to principal.

25. Inducing owners to sell by suggesting people of a protected class are moving in is:

Answer & explanation

Answer: D. Blockbusting (panic peddling) is illegal under the Fair Housing Act.

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