Sell in Charleston with Meydomo

No Mandatory Seller Disclosure Law (Common Law Rule)

West Virginia does not have a statutory requirement for sellers to provide a property condition disclosure form. It's essentially a caveat emptor state, meaning the seller’s main obligation is to avoid fraudulent concealment or misrepresentation. Sellers and agents must answer buyers’ direct questions truthfully and disclose defects if directly asked, but there's no state-mandated comprehensive disclosure document. Many sellers still choose to fill out an informal disclosure form provided by their real estate agent as a courtesy (especially when dealing with out-of-state buyers who expect one), but it's not required by law. Notably, in 2012 WV required a specific **Meth Lab Disclosure**: if a home was used for meth production and hasn’t been remediated, that must be disclosed (few cases, and likely to show up if known). Also, if the property is in a historic district or subject to some special assessment, sellers typically divulge that in the contract or through Realtor forms. But generally, WV operates under the common law doctrine – buyers are expected to do their own inspections. There is no state-run form. The West Virginia Real Estate Commission doesn’t mandate a form either. If a latent material defect is known by the seller and the buyer doesn’t ask, under caveat emptor the seller might not be liable unless it was actively concealed. However, real estate agents in WV, under ethical duties, often encourage some disclosure to avoid legal issues. The bottom line: West Virginia is one of the few states without a formal disclosure law, aside from federal lead paint rules.

• Trading Post Homes, Inc. v. DeWitt (1981), 226 S.E.2d 264 (WV):contentReference[oaicite:252]{index=252}

MLS Customs

MLS listings in West Virginia (many WV listings are in regional MLSs that also cover parts of VA, MD, or KY) do not have a required seller disclosure attachment because WV doesn’t mandate one. However, MLS agent remarks often will state “No Seller Disclosure (state does not require)” to notify buyers, or if a disclosure is available, they might attach one voluntarily. The MLS will enforce clear cooperation (like any NAR MLS). Photos required. Fair housing in remarks must be observed. If an agent knows of a big issue (like a leaky roof), ethically they shouldn’t hide it in MLS remarks if directly relevant (NAR Code says even if seller doesn’t disclose, agent can’t be party to fraud). But the MLS doesn’t police that unless it becomes a complaint. They do police timely status updates. Some multi-state MLS systems that include WV have forms for disclosure if the property is in a state that requires it (e.g., for a listing in both VA and WV, the software might generate a form for VA but WV seller could mark 'N/A' for WV portion). But practically, WV buyer agents will simply ensure a home inspection contingency is in place. In summary, MLS is neutral in WV on disclosures: no form mandated, no fine for not having one – leaving it to the legal 'buyer beware' environment. It's a rather old-school process: the MLS listing will have basic property info (beds, baths, etc.) and perhaps 'selling as-is' in remarks. The rest is up to buyer due diligence.

• NAR Code of Ethics, Art. 2
• Regional MLS Rules

Lead-Based Paint Hazard Disclosure

Federal law (Residential Lead-Based Paint Hazard Reduction Act) requires sellers of pre-1978 homes to provide an EPA lead hazard pamphlet and disclose known lead-based paint/hazards, and allow buyers a 10-day lead inspection period (or waiver).

• 42 U.S.C. 4852d
• 24 CFR 35

Fair Housing Act (No Discriminatory Advertising)

Under federal and West Virginia law, any advertisement for a property sale must not indicate preferences or limitations based on protected classes. WV mirrors federal categories. So, no 'adults only' or 'ideal for Christians' style language in listings is permitted.

• 42 U.S.C. §3604(c)
• W. Va. Code §5-11A-5(o)