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.
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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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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