West Virginia (WV) · Open house rules

Open house rules for West Virginia agents

What West Virginia asks of an agent at the door: putting in writing that you represent the seller on the Commission's own notice of agency relationship form, the licensee exemption in the state telemarketing article, why a tour creates no client, and who owns the breach duty for a list.

Last reviewed September 1, 2026Every claim links to a primary source

This is not legal advice

We are software people, not lawyers. This page is a plain reading of public West Virginia sources, gathered so you can go read them yourself. Rules change, and how any rule applies to your situation is a question for your broker, your association, or an attorney licensed in West Virginia.

Say who you represent, in writing, on the Commission's own form

At an open house you are almost always working for the seller, and West Virginia does not leave that to a verbal aside. The license act makes every licensee disclose in writing whether they represent the seller, the buyer, both, the landlord or the tenant, and it names the document: the notice of agency relationship form promulgated by the Real Estate Commission. The timing is tied to signatures, so the disclosure has to be made before any person signs a contract for representation or a contract to buy or sell real estate. The same section adds that when you take a party's signature on a contract, you deliver a true copy of it to that person at the time you get the signature.

Every licensee shall disclose in writing, on the notice of agency relationship form promulgated by the commission, whether the licensee represents the seller, the buyer, the seller and the buyer, the landlord, the tenant, or the landlord and the tenant. The disclosure shall be made prior to any person signing any contract for representation by a licensee or a contract for the sale or purchase of real estate.
W. Va. Code §30-40-26, Duties of licensees (West Virginia Legislature) (opens the source in a new tab)

Checked at the source on September 1, 2026

The state telemarketing article does not reach a licensee, so set your own rule

West Virginia's Telemarketing article does not apply to a licensed real estate broker, associate broker or salesperson who is acting within the scope of that license. So for your own open house follow-up, the state adds no telemarketer registration and no state calling restrictions on top of federal law. Treat that as an exemption, not as consent: it switches off one article of state law and nothing else, so federal do-not-call and text messaging rules still apply to you in full. Ask on the sign-in form how the visitor wants to be contacted, record the answer, and stop immediately when anyone asks you to.

The provisions of this article do not apply to a person who is licensed as a real estate broker, associate broker, or real estate salesperson, in accordance with the provisions of article twelve, chapter forty-seven of this code, when such person is acting within the scope of their license.
W. Va. Code §46A-6F-216, Inapplicability of article to registered developer or a real estate salesperson or broker (West Virginia Legislature) (opens the source in a new tab)

Checked at the source on September 1, 2026

The paperwork trigger is a signature, not a tour

West Virginia's written agency disclosure is keyed to the moment someone signs, not to the moment you walk them through a house, so a visitor touring your open house has not been turned into a client by the tour. If a visitor asks you to act as their buyer's agent, give the written notice of agency relationship first, before they sign a representation contract or a purchase contract. Any contract that obligates a broker to represent a principal has to carry a definite expiration date, and it cannot make the principal notify you in order to cancel after that date. It also cannot bill them a fee or commission after it expires if they go on to sign with a different broker. Your brokerage and your MLS may require a signed buyer agreement earlier than state law does, so follow whichever rule is stricter.

Any contract in which a broker is obligated to represent a principal to a real estate transaction shall contain a definite expiration date, and no provision may be included in any contract whereby the principal is required to notify the broker of his or her intention to cancel the contract after the definite expiration date.
W. Va. Code §30-40-26, Duties of licensees (West Virginia Legislature) (opens the source in a new tab)

Checked at the source on September 1, 2026

You own the sign-in list, and the breach duty follows ownership

A digital sign-in list is computerized data about West Virginia residents, and the state's breach of security article puts the notice duty on whoever owns or licenses that data, which means you and your brokerage rather than your software vendor alone. If it is breached, notice to affected residents has to be made without unreasonable delay. The article defines personal information narrowly, a first name or initial and last name linked to a Social Security number, a driver's license or state ID number, or a financial account or card number with the code that would open the account, so a plain name, email and phone list usually sits below that notification trigger. Collect only the fields you will genuinely use to follow up, keep the list off a screen other visitors can read over, and control who at the brokerage can see it.

An individual or entity that owns or licenses computerized data that includes personal information shall give notice of any breach of the security of the system following discovery or notification of the breach of the security of the system to any resident of this state
W. Va. Code §46A-2A-102, Notice of breach of security of computerized personal information (West Virginia Legislature) (opens the source in a new tab)

Checked at the source on September 1, 2026

How this page is put together

  • Every claim above carries a link to a primary source, plus the exact words from that source that support it. If a claim cannot be quoted, it is not on this page.
  • Each claim shows the date a human last opened that link and confirmed the quote still says what it says.
  • We only cover what we could source. A topic you were hoping to find may be one we have not confirmed yet, so treat this as a starting point rather than a complete list of everything West Virginia expects of you.

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