WV LEG Real Estate Licensing Bill


On Mar. 6, WV LEG updated terms, increased experience obligations.


  • WV LEG passed HB 5632 relating generally to West Virginia real estate license act.
  • Defining property management, updating broker's license qualifications, nonresidents.
  • Amends and reenacts WV LEG 30-40-4, WV LEG 30-40-12, and WV LEG 30-40-17.
  • Property Management Definition
  • Defines property management as overseeing and management of commercial and residential real estate properties, including all of the daily operations of property.
  • Definition includes collecting rent and security deposits on behalf of property owner.
  • Handling maintenance, paying vendors for repairs, and fielding tenant complaints.
  • Amount of duties property manager has depends on contract with the property owner.
  • Broker License Qualifications
  • Increased experience requirements for applicant in closed transactions, in leasing, closed property management, brokerage company management, and salesperson.
  • For buyer/seller, increased from 10 to 20 closed transactions in prior two years.
  • If leasing/renting, increased from 10 to 20 closed transactions at least 1 year duration.
  • When engaged solely in management of a real estate brokerage company, regardless of number years licensed, increased from minimum of 20 to 40 closed transactions.
  • For applicant engaged solely in leasing or renting of real estate, representation of the landlord or tenant in a minimum of 40 (from 20) closed transactions at least one year.
  • Or if the applicant is engaged solely in the management of a real estate brokerage company, active involvement in a minimum of 40 (from 30) closed transactions.
  • Nonresident Licensees
  • A nonresident broker may not be required to maintain active place of business in WV.
  • Exemption applies if nonresident's state is a party to an active reciprocity agreement.
  • Legislative History
  • On Feb. 12, 2024, bill introduced in House; on Feb. 28, 2024, bill passed House.
  • On Feb. 29. 2024, bill introduced in Senate; on Mar. 6, 2024, bill passed Senate.
  • Effectiveness
  • On approval by governor or veto override, HB 5632 in effect 90 days after session end.
  • Mar. 27, 2024 WV LEG Governor Approval
  • On Mar. 27, 2024, WV LEG reported governor signed bill into law, effective Jun. 4.

Regulators WV LEG
Entity Types CNSM; Corp
Reference Bill, 3/27/2024; Bill, HB5632, 3/6/2024; Citation: *WV LEG* 30-40-4, 30-40-12, 30-40-17;
Functions Complaints; Compliance; Legal; Registration/Licensing
Countries United States of America
Category
State
Products Corporate
Regions Am
Rule Type Final
Rule Date 3/6/2024
Effective Date 6/4/2024
Rule Id 203618
Linked to N/A
Reg. Last Update 3/27/2024
Report Section US Consumer

Last substantive update on 04/04/2024