West Virginia Real Estate Purchase and Sale Agreement (Investor PDF)
An investor-ready purchase and sale agreement drafted for West Virginia transactions, plus a plain-English summary of what West Virginia law expects in a residential purchase contract. Free PDF, no signup required.
West Virginia Purchase and Sale Agreement
Free PDF • Updated July 2026
Part of our free real estate investor forms library.
What West Virginia Requires in a Purchase Contract
These are the contract and disclosure requirements our research identified for West Virginia residential transactions, with statute citations. Requirements change; always confirm the current rule before closing.
Federal Lead-Based Paint Disclosure Verbatim language required
42 U.S.C. 4852d; 40 C.F.R. Part 745 Subpart F (745.113); 24 C.F.R. Part 35 Subpart A
Pre-1978 housing: contract must contain the Lead Warning Statement, seller's disclosure of known lead paint/hazards, records statement, buyer's 10-day inspection opportunity, and signed acknowledgments
Applies to: pre-1978 residential
No Statutory Seller Disclosure Form - Common-Law Duty Only
No statute; common law (Thacker v. Tyree, 297 S.E.2d 885 (W. Va. 1982))
West Virginia has NO mandatory statutory residential seller disclosure statement; sellers remain liable at common law for fraudulent misrepresentation or concealment, and case law imposes a duty to disclose known substantial defects not discoverable by reasonable inspection
Applies to: all residential (common-law duty; no form or contract language mandated)
West Virginia Closing Practice at a Glance
| Deed convention | General warranty deed is customary ('with covenants of general warranty' construed by W. Va. Code 36-4-2), typically subject to prior mineral reservations of record |
| Transfer tax | Excise tax on the privilege of transferring real property, W. Va. Code 11-22-2: state $1.10 per $500 plus county $0.55 per $500 minimum (counties may add up to another $0.55, so combined commonly $1.65-$2.20 per $500), plus a $20 county clerk fee on most transfers |
| Customary payer | seller (grantor) - statute places payment on the grantor; negotiable in practice |
| Attorney closing | Attorney required or customary. Attorney-closing customary state: WV State Bar UPL authority treats title examination/certification and conducting closings as attorney work; title companies participate but attorneys customarily examine title and conduct the closing |
| Witness and notary | Deeds and contracts are admitted to record if acknowledged before a notary OR proved by two witnesses (W. Va. Code 39-1-2); notarized acknowledgment with no witnesses is the norm; note stricter special rules for quitclaim/nominal-consideration deeds (grantee signature/acknowledgment required) and beneficial-owner identification for trust deeds |
More Investor Resources
Disclaimer: This template and summary are provided free for reference and educational purposes. Clearway Home Buyers is not a law firm and does not provide legal advice, and no attorney-client relationship is created by downloading or using these forms. Real estate law varies by state and by transaction. Review any form with a licensed West Virginia attorney before use. Read the full disclaimer.
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