Key Takeaways

  • West Virginia follows the Statute of Frauds requiring real estate contracts to be in writing
  • Valid contracts require offer, acceptance, consideration, legal capacity, and lawful purpose
  • Earnest money should be deposited into the broker's trust account promptly
  • Contingencies for financing, inspection, and appraisal are common in WV transactions
  • Time is of the essence clauses make deadlines legally binding
Last updated: January 2026

West Virginia Contract Requirements

West Virginia real estate contracts must meet specific legal requirements to be valid and enforceable.

Statute of Frauds

Under West Virginia's Statute of Frauds, contracts for the sale of real property must be:

  • In writing
  • Signed by the party to be charged (or their authorized agent)

Key Point: Oral agreements to sell real estate are generally unenforceable in West Virginia.

Essential Elements of a Valid Contract

ElementDescription
OfferClear proposal with definite terms
AcceptanceUnequivocal agreement to the offer's terms
ConsiderationSomething of value exchanged (usually money)
Legal capacityParties must be competent to contract
Lawful purposeContract cannot be for illegal purposes
In writingRequired for real estate contracts

Types of Real Estate Contracts

Purchase Agreement

The main contract for buying/selling real property:

ComponentDescription
PartiesBuyer and seller identification
Property descriptionLegal description of the property
Purchase priceAgreed-upon price
Earnest moneyGood faith deposit amount
ContingenciesConditions that must be met
Closing dateWhen transfer will occur
SignaturesAll parties must sign

Listing Agreement

Contract between seller and broker:

TypeDescription
Exclusive right to sellBroker earns commission regardless of who sells
Exclusive agencyBroker earns commission unless seller finds buyer
Open listingMultiple brokers; only selling broker earns commission

Buyer Agency Agreement

Contract between buyer and broker establishing representation relationship.

Earnest Money

Earnest money (good faith deposit) shows the buyer's serious intent:

Handling Requirements

RequirementDetails
Deposit timelineImmediately or by next business day (per contract)
Where depositedBroker's trust account
Who holdsLicensed broker (not salesperson)
DisbursementPer contract terms or mutual agreement

Common Contract Contingencies

Contingencies allow parties to exit the contract if certain conditions aren't met:

Financing Contingency

ElementDetails
PurposeBuyer can cancel if financing not obtained
DeadlineMust apply for loan within specified days
DocumentationMay require denial letter from lender
ProtectionBuyer's earnest money typically returned if denied

Inspection Contingency

ElementDetails
PurposeBuyer can inspect property and negotiate repairs
TimelineInspection period specified in contract
OptionsAccept, negotiate repairs, or cancel
ScopeMay include home, pest, radon, septic, well inspections

Appraisal Contingency

ElementDetails
PurposeProtects buyer if property appraises below purchase price
OptionsSeller reduce price, buyer pay difference, or cancel
Lender requirementMost lenders require appraisal

Sale of Buyer's Property Contingency

Allows buyer to cancel if they cannot sell their current property.

Contract Termination

Contracts may be terminated by:

MethodDescription
PerformanceBoth parties fulfill obligations
Mutual agreementBoth parties agree to cancel (mutual release)
Contingency not metCondition specified in contract fails
BreachOne party fails to perform
ImpossibilityPerformance becomes impossible
ExpirationOffer expires before acceptance

Time is of the Essence

Many West Virginia real estate contracts include a "time is of the essence" clause:

  • Deadlines are strict and legally binding
  • Missing a deadline may constitute breach of contract
  • Extensions require written agreement from all parties
  • Courts will enforce time provisions strictly

Contract Status Terms

TermMeaning
ExecutoryContract signed but not yet completed
ExecutedContract fully performed by all parties
VoidContract has no legal effect from start
VoidableContract valid but can be rescinded by one party
UnenforceableContract cannot be enforced in court

Exam Tip: Understand the difference between an executory contract (not yet performed) and an executed contract (fully performed).

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Contract Formation Process
Test Your Knowledge

Under West Virginia's Statute of Frauds, which statement is TRUE about real estate contracts?

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B
C
D
Test Your Knowledge

Where should earnest money be deposited in a West Virginia real estate transaction?

A
B
C
D
Test Your Knowledge

What does "time is of the essence" mean in a real estate contract?

A
B
C
D