Agency Consent and Disclosure

West Virginia law requires real estate licensees to provide clear written disclosure of their agency relationship to all consumers.

Notice of Agency Relationship

The Notice of Agency Relationship is a form promulgated by the West Virginia Real Estate Commission that must be provided to consumers.

Disclosure Requirements

Every licensee shall disclose in writing:

• Whether the licensee represents the seller
• Whether the licensee represents the buyer
• Whether the licensee represents both the seller and buyer (dual agency)
• Whether the licensee represents the landlord
• Whether the licensee represents the tenant
• Whether the licensee represents both landlord and tenant

Key Point: The Notice of Agency Relationship form is mandatory for residential real estate transactions in West Virginia.

When to Provide the Disclosure

The disclosure must be made:

• "Prior to any person signing any contract for representation"
• Before any confidential information is shared with other parties
• At first substantive contact with the consumer

Timing Guidelines

Who Must Receive Disclosure

All consumers in residential transactions must receive the Notice of Agency Relationship form unless specifically exempt under law.

Consumer Protection Purpose

The disclosure requirements exist to:

1. Inform consumers who the licensee represents
2. Prevent conflicts of interest
3. Ensure consumers understand the nature of the relationship
4. Protect confidential information

Form Requirements

Licensee Signature

The West Virginia Real Estate Commission requires the licensee to:

1. Complete the Notice of Agency Relationship form accurately
2. Sign the form
3. Date the form
4. Provide a copy to the consumer

Consumer Acknowledgment

Practice Tip: Obtaining the consumer's signature provides documentation that the disclosure was made.

Brokerage Agency Policy

In addition to the Notice of Agency Relationship form, brokerages should:

1. Establish an office agency policy
2. Train all licensees on agency disclosure requirements
3. Document disclosure procedures
4. Maintain records of disclosures made

Types of Agency Relationships Disclosed

Exam Note: The specific agency relationship must be disclosed BEFORE any contract for representation is signed. This is a critical timing requirement.