The West Virginia Home-Buying Process: Your Step-by-Step Checklist

West Virginia law under W. Va. Code §30-40-25 requires the seller to complete a written Property Condition Disclosure form covering known defects in the structure, roof, plumbing, electrical, HVAC, water and sewer systems, environmental conditions, and any known zoning or code violations. Your agent must ensure you receive this form before or during contract signing. Read every item — especially sections about flooding history, foundation issues, and environmental hazards.

Cost: $0

If the home is part of a homeowners association or condominium community governed by West Virginia's Uniform Common Interest Ownership Act (W. Va. Code §36B-4-109), the seller must obtain a resale certificate from the association and provide it to you. The certificate shows current dues, any pending special assessments, existing delinquencies, and active or threatened litigation involving the association. Review it before making your offer so there are no surprises.

Cost: $0

Your agent will prepare a written offer using a contract form approved by the West Virginia Association of Realtors or an attorney-drafted equivalent. The offer spells out the purchase price, earnest money amount, financing terms, contingencies (inspection, financing, appraisal), proposed closing date, and how you want buyer broker compensation handled. West Virginia does not mandate a single state-prescribed form, so your agent's brokerage form or an attorney-drafted contract is standard.

Cost: $0

Since the NAR settlement took effect August 17, 2024, buyer broker compensation can no longer be offered or accepted through the MLS. Instead, it must be negotiated directly between you and the seller as part of the purchase contract — for example, as a seller concession covering your agent's fee. Your written buyer representation agreement already specifies what your agent's compensation will be; the purchase contract determines whether the seller covers it or you do.

Cost: $0

Earnest money shows the seller you are serious. Once the offer is accepted, your check or wire must be deposited into the broker's trust account within three business days of the broker receiving it. The funds are held in a dedicated, federally insured trust account — not the broker's operating account. Make sure you understand what happens to your earnest money if you back out, and ensure your contingencies protect you.

Cost: Typically 1%-2% of purchase price

Once both you and the seller have signed, you have a binding contract. Read it carefully with your agent. Note every deadline — inspection period, financing contingency deadline, appraisal contingency, and closing date. Missing a deadline can put your earnest money at risk, so put every date on your calendar right away.

Cost: $0

Most West Virginia residential closings are managed by a title company that handles the settlement statement, collects and disburses funds, issues title insurance, and coordinates recording with the county clerk's office. Your agent or lender will typically recommend a title company. Contact them early so they can begin a title search and flag any liens, easements, or ownership gaps on the property.

Cost: $0 to open; title insurance and closing fees due at closing

Notify your lender immediately that you are under contract and provide the executed purchase agreement. The lender will issue a Loan Estimate within three business days showing your estimated interest rate, monthly payment, and closing costs. Complete any additional paperwork the lender requests promptly — delays here can push back your closing date.

Cost: $0-$500 for application fee (varies by lender)

West Virginia has a long history of severed mineral estates. The property condition disclosure under W. Va. Code §30-40-25 requires the seller to disclose any active oil or gas lease. Ask your agent to pull the county deed records to confirm whether the mineral estate was severed from the surface estate and whether any pipeline easements or surface use agreements are in place. In active Marcellus Shale counties like Wetzel, Marshall, and Doddridge, this step is especially important.

Cost: $0 (included in title search)

If the home was built before 1978, federal law requires the seller to give you a lead-based paint disclosure form and any available reports about lead hazards on the property. You also receive an EPA pamphlet called 'Protect Your Family from Lead in Your Home.' You have ten days to conduct a lead inspection at your own expense if you choose. This is a federal requirement — West Virginia has no separate state rule adding to it.

Cost: $0 (lead inspection, if desired: $200-$400 typical)

A professional home inspector evaluates the structure, roof, foundation, plumbing, electrical, HVAC, and other systems. Attend the inspection in person if you can — you will learn more in two hours with an inspector than in any report. Schedule the inspection as early as possible in your contract's inspection period so you have time to negotiate any repairs.

Cost: $300-$600 typical

West Virginia's coal mining counties — including Boone, Logan, Mingo, McDowell, Wyoming, and Raleigh — have homes above former and active underground mines. Subsidence (the ground sinking or collapsing due to underground mining) can cause foundation cracking, structural damage, and sinkholes. The seller must disclose known structural defects under W. Va. Code §30-40-25. Ask your inspector to look carefully at the foundation and inquire whether a mine subsidence study or title endorsement is available in the area.

Cost: $0 (part of standard inspection); specialized subsidence report: varies

The seller's Property Condition Disclosure under W. Va. Code §30-40-25 must include known flooding history and whether the property is in a FEMA Special Flood Hazard Area. Also check whether local law enforcement or county health records indicate any former methamphetamine lab activity at the address — this is a known hazard in parts of West Virginia. Your agent can help you request these records from local health departments or check publicly available databases.

Cost: $0

After reviewing the inspection report, you can ask the seller to fix specific items, lower the purchase price, or give you a closing cost credit. Your agent will prepare a written repair request or amendment to the contract. Focus on safety items and major systems — cosmetic issues are usually better handled after closing. The seller can accept, reject, or counter your request.

Cost: $0

Your lender will hire a licensed appraiser to confirm the home is worth at least the purchase price. The appraiser compares your home to recent sales of similar homes in the area. If the appraisal comes in lower than the purchase price, you may need to renegotiate with the seller, pay the difference in cash, or exercise an appraisal contingency if your contract includes one.

Cost: $400-$700 typical (paid by buyer)

After the appraisal, your loan goes to underwriting. The underwriter may ask for additional documents — a letter explaining a bank deposit, updated pay stubs, or proof of homeowners insurance. Respond within 24-48 hours whenever possible. Delays in providing documents are one of the most common reasons closings get pushed back.

Cost: $0

Your lender requires proof of homeowners insurance before closing. If the home is in or near a FEMA Special Flood Hazard Area, your lender will also require separate flood insurance — standard homeowners policies do not cover flooding. Get quotes from at least two or three insurers and lock in coverage early so your lender has the insurance binder in time.

Cost: $800-$2,000+ per year depending on property and flood risk

At least three business days before closing, your lender must send you a Closing Disclosure (CD) showing the final loan terms, monthly payment, and itemized closing costs. Compare it line-by-line to the Loan Estimate you received at application. If any fees changed significantly, ask your lender to explain before closing day.

Cost: $0

Schedule a walkthrough within 24-48 hours before closing to confirm the property is in the same condition as when you made the offer, any agreed-upon repairs have been completed, and no new damage has occurred. Test every light switch, faucet, appliance, and door. If you find a problem, contact your agent immediately so it can be addressed before you sign.

Cost: $0

Review your final Closing Disclosure and confirm the exact amount you need to bring to closing. West Virginia closings typically require a cashier's check or wire transfer — personal checks are not accepted. Wire instructions will come from the title company. Call the title company directly to verify the wire instructions before sending any money, as wire fraud targeting homebuyers is common.

Cost: Closing costs typically 2%-5% of purchase price

Your lender requires a lender's title insurance policy protecting the loan. You should also purchase an owner's title policy, which protects your equity for as long as you own the home. In West Virginia, title insurance is typically coordinated by the title company. Ask your title agent to confirm both policies and the coverage amounts before closing day.

Cost: $500-$1,500 typical (varies by purchase price)

If the seller is a foreign person — a non-resident alien, foreign corporation, or foreign trust — federal law (FIRPTA, 26 U.S.C. §1445) makes you, the buyer, responsible for withholding and remitting to the IRS 15% of the gross sales price. West Virginia has no separate state-level withholding rule. Ask your closing attorney or title company early in the process whether the seller has certified their U.S. person status on IRS Form 8288-B. Failure to withhold when required can result in a tax liability for you.

Cost: $0

At the closing table you will sign the promissory note, deed of trust, and dozens of other loan and title documents. Bring a government-issued photo ID and your cashier's check or wire confirmation. The settlement officer from the title company will walk you through each document. Take your time — you have the right to ask questions before signing anything.

Cost: Already arranged (closing costs wired or brought as cashier's check)

West Virginia charges a real estate transfer tax of $1.10 per $500 (or fraction thereof) of the purchase price under W. Va. Code §11-22-2, assessed when the deed is recorded at the county clerk's office. The combined state and county rate totals $1.10 per $500. For example, on a $250,000 purchase, the total transfer tax is $550. By WV closing custom, the seller typically pays this tax — but confirm how it is allocated in your purchase contract.

Cost: $1.10 per $500 of purchase price (e.g., $550 on $250,000)

After all documents are signed and funds are disbursed, the title company sends the deed to the county clerk's office for recording. Recording makes your ownership official in the public record. You will receive the original recorded deed — often by mail a few weeks after closing. Keep it in a safe place.

Cost: $20-$60 typical recording fee

Once the deed is recorded and funds are disbursed, the seller hands over the keys — you are officially a homeowner. Contact all utility providers (electric, gas, water, trash, internet) to transfer service into your name starting on closing day. Change the locks on all exterior doors as soon as you move in — you have no way of knowing who has copies of the previous keys.

Cost: $0 (utility deposits may vary)

If a licensed West Virginia agent caused you actual financial harm through fraud, misrepresentation, or conversion of trust funds during this transaction, West Virginia's Real Estate Education and Recovery Fund under W. Va. Code §30-40-26 may provide a last-resort remedy. To access it, you must first obtain a court judgment against the agent, prove collection efforts failed, and apply to WVREC within the statutory deadlines. Keep all transaction records in case you ever need them.

Cost: $0 to file a claim