West Virginia is a caveat emptor state, also known as a buyer-beware state. Home sellers aren't required by state law to fill out a seller disclosure form to share with potential buyers.
However, West Virginia has laws against fraud. It's in the seller's best interest to disclose significant issues with the property to protect against future lawsuits. Disclosing issues up front may also expedite the sale.Federal disclosure requirements and any local disclosure requirements also apply.
In a traditional sale, your real estate agent will typically guide you through the nuances of the disclosure process and help protect you from legal pitfalls. If you're selling for sale by owner (FSBO) in West Virginia, however, you're on your own. We recommend seeking the advice of a real estate professional or attorney to ensure you follow the law.
🚨 DISCLAIMER: You shouldn't construe this article as legal advice. Clever Real Estate recommends consulting a real estate agent or a real estate attorney as you go through the disclosure process when selling your home.
West Virginia real estate disclosure requirements
State real estate disclosures
West Virginia is a buyer-beware state, which means West Virginia doesn't require sellers to fill out a disclosure form. But it's not a black-and-white situation. For instance:
- Sellers have to truthfully answer questions from potential buyers about their house.
- Sellers' real estate agents must disclose "material facts" about the house.
We recommend you consult your real estate agent or a real estate attorney to make sure you comply with the nuances of West Virginia's laws, particularly if you're selling for sale by owner.
Federal real estate disclosures
The Residential Lead-Based Paint Hazard Reduction Act of 1992 requires sellers to do the following:
- Give buyers the Environmental Protection Agency's Protect Your Family From Lead in Your Home pamphlet.
- Disclose lead-based paint or lead-based paint hazards.
- Provide records or reports of lead-based paint in the house, if applicable.
- Include a Lead Warning Statement confirming you complied with all notification requirements in the sales contract.
- Allow buyers a 10-day period to conduct a lead-based paint inspection or risk assessment.
The federal government requires no other real estate disclosures.
Local real estate disclosures
Check with your county or city government regarding local laws and seller disclosure requirements. Sometimes, you'll need to disclose local concerns like:
- Deaths that have occurred in the home
- Environmental hazards such as radon gas and asbestos
- Events that have stigmatized the property (violent crimes, suicide, reports of supernatural phenomena)
- History of methamphetamine production
- Homeowners Association (HOA) fees and rules
- Noise issues in the area
- Protected trees or other flora on your property
- Proximity to military facilities
- Proximity to power lines or wind farms
- Proximity to prisons and other detention facilities
- Proximity to sex offenders
⚡ Compare cash offers from West Virginia cash home buyers now! They often buy houses that need repairs or have complicating factors.
FAQs about real estate disclosures in West Virginia
When should I share my property disclosures with sellers?
You should share your disclosures with prospective buyers sooner rather than later.
"It makes sense to share disclosures before a buyer submits an offer," says Clever Real Estate's Steve Nicastro, a former licensed real estate agent in the Charleston, S.C. market. "You'll avoid a situation where you go under contract, then the buyer sees the disclosure and decides that they don't want to proceed with the purchase."
In some states, you're required to post your disclosures with your listing. However, rules vary by state.
What paperwork do I need to sell a house besides West Virginia's real estate disclosure form?
If you're selling for sale by owner, read Clever's full list of documents required to sell a house, which covers the selling process from pre-listing to closing.
If you're selling with a real estate agent, you'll generally use the same documents, but your agent will guide you through all the paperwork.
Do I need to disclose if I'm in a flood risk area?
Yes, must disclose your property's flood risk on the Seller's Residential Property Disclosure Statement.
Only eight states don't require their own flood risk disclosure.
What happens if I lie on my disclosure form?
Lying on a disclosure document is illegal, so a buyer would have cause to sue.
A buyer could seek payment for repairs and attorney fees. In some cases, a buyer may attempt to reverse the sale.
We recommend using a real estate agent or hiring a real estate attorney to guide you through your disclosures and avoid legal trouble.
What is a "material defect"?
The International Association of Certified Home Inspectors describes a material defect as "a specific issue with a system or component of a residential property that may have a significant, adverse impact on the value of the property or that poses an unreasonable risk to people."
A system or component near or at the end of its life cycle is not considered to be a material defect.
Why trust us
Data sources
Our Research Team reviews federal and West Virginia real estate disclosure requirements once a year. We use trusted sources like federal and state governments, state and local realtor associations, and real estate professionals in our articles.
About Clever Real Estate
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Our team of industry-leading researchers is committed to making the home selling process more accessible by educating sellers through guides like this one. We've spent thousands of hours analyzing publicly available data, surveying consumers, and interviewing industry experts. The New York Times, Business Insider, Inman, Housing Wire, and many more publications have featured our research.
