1.1 West Virginia Real Estate Commission (WVREC)

The West Virginia Real Estate Commission (WVREC) is the state agency that licenses, regulates, and disciplines real estate professionals in West Virginia. Its authority comes from the West Virginia Real Estate License Act, codified at WV Code Chapter 30, Article 40 (cited as §30-40-1 et seq.), and from the legislative rules the Commission adopts in Title 174 of the WV Code of State Rules.

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Origin and Purpose

The Commission was originally created by Chapter 127 of the Acts of the Legislature, Regular Session, 1937, and was later continued and restructured by Chapter 245 of the Acts of 2002 (effective July 1, 2002). Its statutory purpose is consumer protection: ensuring that people who hold themselves out as real estate professionals are competent, trustworthy, and accountable. The Commission does not resolve private contract disputes, set commission rates, or act as a court — it administers licensing and enforces the License Act.

Commission Membership

WVREC consists of five members appointed by the Governor with the advice and consent of the Senate:

Each member serves a four-year term. Members must have been West Virginia residents for at least six years before appointment and must remain residents throughout their term. No more than four of the five commissioners may belong to the same political party, and a member may not serve more than two consecutive full terms.

The WV Association of Realtors Nomination

Three of the four licensed commissioners are appointed directly by the Governor. The fourth licensed member must be selected from a list of three nominees submitted by the West Virginia Association of Realtors. The trade association nominates; the Governor still makes the appointment. This is a frequently tested detail — the Association does not appoint a commissioner, it only nominates candidates for one of the four licensed seats.

Leadership

Forfeiture of Membership

A commissioner immediately and automatically forfeits the office if he or she:

• has a real estate license suspended or revoked;
• is convicted of a felony under state or federal law;
• ceases to be a West Virginia resident; or
• assumes any elective public office.

These are automatic disqualifications, not discretionary removals — the seat is vacated by operation of law and the Governor fills the vacancy.

What WVREC Actually Does

The Commission’s powers fall into five categories the state exam returns to repeatedly:

The Real Estate License Fund

Under WV Code §30-40-9, all fees and money the Commission collects — except administrative fines — are deposited into a special revenue account called the “real estate license fund.” Money in this fund may be used only to administer and enforce the License Act. Administrative fines are paid into the State General Revenue Fund, not the license fund. Note that this is an operating fund for the Commission — it is not a consumer-compensation or “recovery” fund (see Section 4.3).

Legislative Rules (Title 174)

The License Act is implemented through legislative rules in CSR Title 174, which carry the force of law. They cover application procedures, course approval, advertising standards, trust-account handling, agency disclosure forms, and the fee schedule. When the exam asks where a detailed procedural rule comes from, the answer is usually the Title 174 rules rather than the statute itself.

How WVREC Differs From a Trade Association

A recurring exam theme is distinguishing the Commission (a government regulator) from the West Virginia Association of Realtors (a private trade group):

Every licensed person in West Virginia answers to WVREC regardless of whether they join the Association. The term “Realtor” is a trademark for Association members, not a synonym for “licensee.” The Association can expel a member or fine them under the Code of Ethics, but it cannot take away a state license — only the Commission can.

Rulemaking and Public Accountability

WVREC adopts its legislative rules through a public process and they are reviewed by the Legislature before taking effect. This is why the rules carry the force of law yet remain accountable to elected officials. The Commission also publishes forms (such as the Notice of Agency Relationship), the fee schedule, and the official lawbook, all available through rec.wv.gov — the authoritative source you should cite over third-party summaries when a fact is in doubt.