West Virginia Contracts
Practice Questions & Answers (2026)

Contract law questions on the West Virginia real estate exam test both general contract principles and West Virginia-specific transaction requirements. The West Virginia Real Estate Commission tests how West Virginia contract law applies to purchase agreements, counteroffers, contingencies, and earnest money disputes. Pay close attention to offer and acceptance mechanics, how counteroffers extinguish prior offers, and the specific timelines under West Virginia law for earnest money handling and contingency resolution. These are areas where candidates who studied nationally often apply the right concept but the wrong WV-specific timeframe or rule.

Practice Questions

West Virginia Contracts — Practice Questions & Answers

118 questions on Contracts from the West Virginia real estate question bank. First 10 are free — sign up to unlock all 118.

Q1. A valid real estate contract in West Virginia requires all of the following EXCEPT:

A.Offer and acceptance
B.Consideration
C.Competent parties
D.Notarization

Explanation

A valid real estate sales contract requires offer and acceptance, consideration, competent parties, and a legal purpose. Notarization is required for deeds to be recorded, not for contracts to be valid.

Q2. In West Virginia, a contract signed by a 17-year-old is:

A.Void — it has no legal effect
B.Voidable — the minor may disaffirm it upon reaching the age of majority
C.Fully binding on all parties
D.Binding only if a parent co-signs

Explanation

Contracts with minors (under 18 in West Virginia) are voidable at the minor's option. The minor may disaffirm the contract upon reaching the age of majority, but the adult party is bound.

Q3. A West Virginia real estate purchase contract includes a time-is-of-the-essence clause. This means:

A.The contract automatically extends if a deadline is missed
B.All dates and deadlines in the contract are strictly binding
C.Only the closing date is strictly enforced
D.The parties may waive deadlines by oral agreement

Explanation

A time-is-of-the-essence clause makes all contractual deadlines strictly enforceable. Missing a deadline may constitute a breach, giving the non-defaulting party the right to terminate and seek remedies.

Q4. The integration clause (entire agreement clause) in a West Virginia real estate contract states that:

A.The buyer must integrate all financing into one mortgage
B.The written contract is the complete and final agreement, superseding prior negotiations
C.All parties must agree on any changes to the contract
D.All terms must be integrated before closing

Explanation

An integration clause (also called a merger clause) states that the written contract represents the entire agreement of the parties and supersedes all prior oral or written negotiations.

Q5. In West Virginia, if a seller accepts a buyer's offer and then receives a better offer, the seller:

A.May accept the better offer since no money has exchanged hands
B.May not accept the second offer because a binding contract already exists
C.May accept the second offer if the first buyer agrees to release the seller
D.Both B and C

Explanation

Once a contract is formed (offer accepted and communicated), the seller cannot accept another offer. The seller can only be released with the buyer's agreement. The buyer could sue for specific performance or damages if the seller breaches.

Q6. A contingency in a West Virginia purchase contract that is not satisfied by the stated deadline:

A.Automatically extends the contract for 30 days
B.May allow the contingent party to terminate the contract
C.Results in automatic forfeiture of earnest money
D.Requires mediation before termination

Explanation

When a contingency deadline passes without satisfaction, the party protected by the contingency may have the right to terminate the contract (depending on its terms). Earnest money disposition depends on which party was at fault.

Q7. In West Virginia, the Statute of Frauds requires real estate contracts to be:

A.Notarized and recorded
B.In writing and signed by the party to be charged
C.Witnessed by two parties
D.Filed with the county clerk

Explanation

The Statute of Frauds requires contracts for the sale of real estate to be in writing and signed by the party against whom enforcement is sought. Oral real estate contracts are generally unenforceable.

Q8. A West Virginia buyer makes an offer, but before the seller accepts, the buyer withdraws the offer. This is:

A.A breach of contract
B.Permissible because an unaccepted offer can be revoked at any time
C.Only permissible if the buyer waits 24 hours
D.Prohibited under West Virginia contract law

Explanation

An offer may be revoked by the offeror at any time before acceptance. Since no contract has yet been formed, withdrawing an offer is not a breach.

Q9. A West Virginia seller counters a buyer's offer at a higher price. The original offer is now:

A.Still valid until the buyer accepts or rejects the counteroffer
B.Legally binding on the buyer
C.Rejected — the counteroffer terminates the original offer
D.Extended for 5 business days

Explanation

A counteroffer is a rejection of the original offer and creates a new offer. The original offer is terminated when the counteroffer is made.

Q10. In West Virginia, an option contract gives the optionee the:

A.Obligation to purchase the property at the specified price
B.Right but not the obligation to purchase the property within the option period
C.First right of refusal if the owner decides to sell
D.Right to lease the property during the option period

Explanation

An option contract gives the optionee the exclusive right to purchase a property at a set price during a specified period, but does not obligate them to do so. The option consideration is typically nonrefundable.

Q11. A West Virginia purchase contract is said to be executory when:

A.Both parties have fully performed their obligations
B.The contract has been signed but not yet fully performed
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