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

When a buyer submits an offer, your agent will present it to you in writing. Look beyond just the price — also consider the earnest money amount, proposed closing date, financing contingency, inspection contingency, and any requests for seller concessions. West Virginia does not mandate a single state-prescribed purchase contract form, so offers may come in on West Virginia Association of Realtors forms or attorney-drafted contracts. Your agent will help you compare terms side by side if you receive multiple offers.

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Since the NAR settlement took effect August 17, 2024, you are not required to offer compensation to the buyer's agent, and this can no longer be advertised through the MLS. However, you may choose to offer a seller concession in the purchase contract that covers the buyer's agent fee. Doing so can attract more buyers because it reduces the buyer's out-of-pocket costs. Your agent can help you weigh the tradeoffs based on local market conditions.

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You have three choices when you receive an offer: accept it as written, reject it outright, or send back a counteroffer with different terms. A counteroffer ends the original offer and creates a new one. Keep negotiating until you reach terms you can agree to or decide to walk away. Once both you and the buyer have signed the same version of the contract, you have a binding agreement and the transaction moves into the under-contract phase.

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Earnest money is a deposit the buyer makes to show they are serious about the purchase. Under West Virginia rules, once a real estate broker receives earnest money, it must be deposited into a trust account within three business days. Your agent's principal broker is responsible for holding these funds in a properly titled fiduciary account. If the deal falls through, the contract language determines whether the buyer gets the deposit back or you keep it.

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A title company will search public records to confirm you legally own the property and identify any liens, judgments, unpaid taxes, or other claims attached to it. In West Virginia, most residential closings are coordinated by a title company, which also handles fund disbursement and recording with the county clerk's office. If any title issues come up — such as an old lien from a contractor — they need to be cleared before closing.

Cost: $200-500 typical

If your home is part of a homeowners association or condominium governed by West Virginia's Uniform Common Interest Ownership Act, you are required to obtain a resale certificate from the association and deliver it to the buyer. The certificate must include current assessment amounts, any pending or threatened litigation involving the association, any delinquencies you owe, and other financial details. Failing to provide it can give the buyer grounds to cancel the contract.

Cost: $100-400 typical

If your agent's firm also represents the buyer in the same transaction, that is called dual agency. West Virginia law requires your written, informed consent before dual agency can proceed — consent obtained after the offer is signed is not sufficient. In a dual agency arrangement, your agent cannot fully advocate for you or share your negotiating strategy with you. Alternatively, the firm may use appointed agency, where one agent in the firm works for you and a different agent works for the buyer.

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Give the inspector and buyer full access to the property on the scheduled inspection day. Make sure all utilities are on, all areas of the home are accessible (attic, crawl space, electrical panel, HVAC), and pets are secured or removed. You do not need to be present, but your agent may attend. After the inspection, the buyer may send a repair request — you will need to decide what, if anything, you are willing to fix or credit.

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After the home inspection, the buyer may submit a list of repairs or ask for a price reduction or credit. Read through the requests carefully with your agent. You have three main options: agree to the repairs, offer a dollar credit at closing instead of doing the work, or decline the request and let the buyer decide whether to proceed. Each choice has different financial and timeline implications, and your agent can help you figure out which makes the most sense given your situation.

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If your property is in one of West Virginia's active or former coal mining counties — such as Boone, Logan, Mingo, McDowell, or Raleigh — and you know the home has suffered subsidence damage (foundation cracking, floor settling, door or window misalignment caused by underground mine collapse), that must be disclosed on your Property Condition Disclosure form. Subsidence is a material physical condition that affects the value and safety of the home.

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Once you have reviewed the inspection report and the buyer's repair request, your agent will submit your formal response in writing. If you agree to repairs, specify exactly what will be done and by whom — licensed contractors are preferred for structural and mechanical work. If you offer a credit instead, it will be applied at closing and shown on the settlement statement. Both sides must sign an addendum that documents what was agreed to before moving forward.

Cost: varies

If you know the property was previously used as a meth lab or has been contaminated with methamphetamine, that is a material fact you must disclose. West Virginia does not have a standalone meth disclosure form, but the Property Condition Disclosure form covers known environmental conditions and structural or health hazards, which includes meth contamination. Law enforcement in West Virginia reports former meth lab sites to state agencies and county health departments, so this information may be discoverable.

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The buyer's lender will send a licensed appraiser to estimate the fair market value of your home. Make sure the appraiser has full access and that the home is in good condition. Gather a list of recent improvements you have made — a new roof, updated HVAC, kitchen renovation — along with the cost and year of each upgrade. Appraisers use comparable sales data, so this information helps them understand why your home may be worth more than the raw square footage suggests.

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If the appraisal value is lower than the agreed purchase price, the buyer's lender may not approve a loan for the full amount. At that point you have several options: lower the price to the appraised value, meet the buyer partway, provide evidence to challenge the appraisal (called a reconsideration of value), or stand firm and let the buyer decide whether to pay the difference in cash or walk away. Your agent can help you evaluate which option protects you best.

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If you are a U.S. citizen or permanent resident, you are not a foreign person under FIRPTA — the federal Foreign Investment in Real Property Tax Act — and the buyer does not need to withhold any amount from your sale proceeds. However, if you are a non-resident alien, foreign corporation, or foreign trust, the buyer is required by federal law to withhold 15% of the gross sales price and send it to the IRS. Your closing agent may ask you to sign a certification of non-foreign status to confirm which category applies to you.

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Contact your mortgage servicer to get a formal payoff statement that shows exactly how much you owe as of the expected closing date, including any interest, fees, or prepayment penalties. The title company will use this figure to calculate how much of the sale proceeds go to your lender on closing day. Payoff amounts change daily due to accruing interest, so make sure the payoff date on the statement matches your scheduled closing date.

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Before closing, the title company will prepare an ALTA settlement statement (or RESPA Closing Disclosure) that itemizes every dollar coming in and going out. Review it carefully for accuracy — make sure the sale price, agent commission, loan payoff, title fees, and transfer tax are all correct. West Virginia's real estate transfer tax is $1.10 per $500 (or fraction thereof) of the sales price and is typically paid by the seller at closing.

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If you agreed to make specific repairs after the inspection, finish the work before the closing date. Keep all receipts and, where applicable, get documentation from licensed contractors showing the work was completed. The buyer may do a final walkthrough of the home before closing to confirm the property is in the condition the contract requires and that any agreed repairs were done.

Cost: varies

Contact your utility providers to schedule service transfers or shutoffs as of closing day. Do not cancel your homeowner's insurance policy until after the deed has been recorded and ownership has officially transferred — you remain liable for the property until that moment. Coordinate the exact cancellation date with your insurance company after you receive confirmation from the title company that recording is complete.

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At closing you will sign the deed transferring ownership to the buyer, along with any affidavits, lien releases, or other documents the title company requires. In West Virginia, closing is typically conducted by a title company, but a real estate attorney often prepares the deed and may be present at the table. Bring a government-issued photo ID. If you cannot attend in person, ask about remote or mail-away closing options early — not all title companies offer them.

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West Virginia charges a real estate transfer tax of $1.10 for every $500 (or fraction thereof) of the purchase price at the time the deed is recorded. On a $250,000 sale, that works out to $550. By closing custom in West Virginia, the seller typically pays this tax. The title company will handle the actual payment to the county clerk's office and will show the charge on your settlement statement.

Cost: $1.10 per $500 of sale price

After both sides sign, the title company sends the deed to the county clerk's office for recording. Recording is the step that makes the ownership transfer official and public. The county clerk affixes deed stamps reflecting the transfer tax paid. You are still the legal owner until recording happens, so do not give the buyer the keys until the title company confirms that recording is complete or that funds are cleared and recording is scheduled.

Cost: $20-100 typical recording fee

After the title company pays off your mortgage, deducts agent commissions, title fees, transfer taxes, and any other charges shown on the settlement statement, the remaining balance is your net proceeds. The title company will disburse funds by wire transfer or check on closing day or the next business day, depending on when the lender funds the buyer's loan. Keep your settlement statement — it is an important document for your tax records and may affect your capital gains calculation.

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