West Virginia Agency
Practice Questions & Answers (2026)
Agency law is one of the most tested subjects on the West Virginia real estate exam, and it's also one of the most misunderstood. The West Virginia Real Estate Commission expects licensees to understand the legal duties owed to clients vs. customers, and the specific timing of required disclosures under West Virginia law. Study these questions carefully — candidates who rely on national agency frameworks and don't account for WV-specific rules are among the most common failures on the state portion.
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West Virginia Agency — Practice Questions & Answers
115 questions on Agency from the West Virginia real estate question bank. First 10 are free — sign up to unlock all 115.
Q1. Under West Virginia law, a real estate licensee's agency relationship with a client is primarily established by:
Explanation
Agency in West Virginia real estate is best established through a written agency agreement (listing agreement or buyer agency agreement) that clearly defines the relationship, duties, and compensation.
Q2. A West Virginia buyer's agent discovers a major foundation crack during a property showing. The agent is required to:
Explanation
A buyer's agent has a duty to disclose all known material facts and defects to their buyer client. Failure to disclose a known material defect would be a breach of fiduciary duty.
Q3. In West Virginia, subagency refers to:
Explanation
Subagency occurs when a cooperating (buyer's) broker works as a subagent of the listing broker, meaning both agents represent the seller. Subagency is now rare, as most buyers use buyer's agents.
Q4. Which of the following describes a transaction broker in West Virginia?
Explanation
A transaction broker (or facilitator) assists both buyer and seller in completing a transaction without representing either party as a fiduciary. The broker remains neutral and owes limited duties to both parties.
Q5. Under a dual agency arrangement in West Virginia, the agent may NOT:
Explanation
In a dual agency, the agent cannot disclose confidential information from one party to the other, such as the seller's minimum acceptable price or the buyer's maximum willingness to pay.
Q6. A West Virginia listing agent may disclose which of the following to a buyer without breaching their fiduciary duty to the seller?
Explanation
A listing agent must disclose known material defects to buyers as required by law, even while representing the seller. Disclosing the seller's motivation, financial distress, or timeline would breach fiduciary duty.
Q7. A West Virginia licensee represents a seller under a listing agreement. The listing agent's primary fiduciary duties include all of the following EXCEPT:
Explanation
A listing agent owes fiduciary duties of loyalty, obedience, disclosure (to the seller), confidentiality, accounting, and reasonable care to the seller. Disclosing the seller's confidential information to buyers would breach the duty of confidentiality.
Q8. In West Virginia, an agent who represents a buyer in a transaction but is paid by the seller through the MLS cooperative compensation arrangement is:
Explanation
Compensation source does not determine agency. A buyer's agent can be paid through cooperative compensation from the seller's proceeds while still owing full fiduciary duties to the buyer.
Q9. Under West Virginia law, a designated agency arrangement means:
Explanation
In designated agency, the broker designates one agent from the firm to represent the buyer and a different agent to represent the seller, allowing each client to receive full representation even within the same brokerage.
Q10. The agency relationship between a broker and client is automatically terminated upon:
Explanation
Agency relationships terminate upon expiration of the agreement, completion of the purpose (closing of the transaction), mutual agreement, death or incapacity of either party, or revocation.
Q11. A West Virginia buyer tells their agent confidentially that they can pay up to $250,000 for a house listed at $225,000. The agent is representing both buyer and seller (dual agency). The agent should:
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