Free West Virginia Real Estate Practice Exam

Q1.How does A.R.S. § 32-2153(F)(1) characterize a letter of concern?

• A.A license suspension.
• B.An advisory letter used when discipline is not warranted.
• C.A civil penalty.
• D.A criminal conviction.

Q2.A West Virginia licensee represents the seller under a listing agreement. A buyer approaches the licensee directly and wants to make an offer without using their own agent. Under W. Va. Code Chapter 30, Article 40, which of the following best describes the licensee's agency relationship with the unrepresented buyer?

• A.The licensee automatically becomes a dual agent upon receiving the offer
• B.The licensee owes the buyer full fiduciary duties as a client
• C.The licensee represents only the seller and owes the buyer limited duties as a customer
• D.The licensee must refuse to present the offer without a buyer representation agreement in place

Q3.A seller's agent learns through a Phase I Environmental Site Assessment that the property has a recognized environmental condition (REC) potentially implicating CERCLA liability (42 U.S.C. § 9601 et seq.). The seller instructs the agent to keep this information confidential and not disclose it to buyers. Which of the following best describes the agent's legal and ethical position?

• A.The agent cannot follow the seller's instruction because concealing a known material environmental condition exposes the agent to liability and violates fiduciary and statutory duties; the agent should withdraw from the listing if the seller refuses to permit disclosure.
• B.The agent must follow the seller's instruction because the duty of obedience to the principal supersedes the duty to disclose material facts to third parties.
• C.The agent is protected from liability because CERCLA imposes cleanup obligations only on owners, operators, and arrangers—not on licensed real estate agents.
• D.The agent may withhold the information until the buyer conducts their own due diligence, as buyers have an independent duty to investigate under the doctrine of caveat emptor.

Q4.What constitutes a material breach of a real estate purchase contract?

• A.A minor delay in providing required documents
• B.A request to modify the closing date by one day
• C.A failure to perform a significant obligation that defeats the contract's purpose
• D.A delay in scheduling the final walkthrough

Q5.Which statement best reflects IRS worker-classification guidance?

• A.One required meeting always creates employment.
• B.A contract label always controls.
• C.The relationship is fact-specific and considers behavioral and financial control and the type of relationship.
• D.Arizona supervision duties decide federal tax status.

Q6.Under West Virginia law, which of the following activities would require a real estate license under W. Va. Code Chapter 30, Article 40?

• A.A trustee selling real property under the terms of a court-ordered trust.
• B.A licensed auctioneer selling real property solely at auction under an auctioneer's license.
• C.A resident apartment manager renting units in the building in which they reside for their employer.
• D.A person who, for compensation, regularly lists properties for sale on behalf of others and negotiates offers.

Q7.A listing agent learns that her seller-client is a 'motivated seller' due to an impending foreclosure. A prospective buyer asks the agent directly, 'How quickly does the seller need to close?' Under the law of agency and fiduciary duty, which response best reflects the agent's obligations?

• A.The agent must decline to answer and explain that the seller's motivation is confidential information she is not authorized to disclose.
• B.The agent must truthfully disclose the seller's financial distress because ECOA requires equal credit information sharing in all real property transactions.
• C.The agent may disclose the seller's motivation because the buyer is a customer, not a client, and the agent owes no fiduciary duty to the buyer.
• D.The agent must disclose the seller's urgency because material facts affecting property value must always be disclosed to all parties under federal law.

Q8.A real estate salesperson working as a buyer's agent refers her buyer-client to a specific title company and receives a $200 'referral fee' from the title company without disclosing this payment to the buyer. Under RESPA (12 U.S.C. § 2607), which of the following is the most accurate legal consequence?

• A.The salesperson has violated RESPA Section 8's prohibition on kickbacks and may be subject to criminal penalties of up to $10,000 and/or one year imprisonment, in addition to civil liability.
• B.The payment is permissible as long as it does not exceed 1% of the loan amount under RESPA's affiliated business arrangement exemption.
• C.The payment is only prohibited if the title company is owned by the same brokerage, triggering RESPA's affiliated business arrangement disclosure requirements.
• D.RESPA does not apply to referral fees between real estate agents and title companies; only HUD's Regulation X governs such arrangements.

Q9.An applicant requests a disability-related exception to a no-animal policy. What should trained staff do first?

• A.Deny it because the rule applies to everyone
• B.Demand the applicant's complete medical record
• C.Route the request through the brokerage's consistent accommodation process and seek only information lawfully needed
• D.Charge a pet fee before reviewing the request

Q10.What type of estate does a tenant have under a standard residential lease agreement?

• A.Freehold estate
• B.Leasehold estate
• C.Fee simple estate
• D.Life estate

Q11.What is the length of a term served by a member of the West Virginia Real Estate Commission under W. Va. Code Chapter 30, Article 40?

• A.Two years
• B.Three years
• C.Four years
• D.Six years

Q12.Which response best supports immediate reporting of suspected misconduct?

• A.Require proof beyond doubt before reporting
• B.Provide a documented escalation route and protect good-faith reporting from retaliation
• C.Tell staff to resolve all issues privately
• D.Erase reports that do not result in discipline

Q13.Which West Virginia state agency is responsible for licensing and regulating real estate salespersons in West Virginia?

• A.West Virginia Department of Commerce
• B.West Virginia Real Estate Commission
• C.West Virginia Division of Financial Institutions
• D.West Virginia Secretary of State

Q14.Under the Statute of Frauds, which of the following contracts MUST be in writing to be legally enforceable?

• A.A one-year personal property lease agreement
• B.A contract for the sale of real property
• C.A verbal agreement to mow a neighbor's lawn
• D.An oral listing agreement for personal property

Q15.Under West Virginia Code §30-40-6, the West Virginia Real Estate Commission is composed of how many members, and what professional requirement applies to the majority of those members?

• A.Nine members, with six required to be licensed real estate brokers actively engaged in the profession
• B.Seven members, with five required to be licensed real estate brokers actively engaged in the profession
• C.Five members, with three required to be licensed real estate salespersons
• D.Six members, all of whom must be licensed real estate brokers with at least ten years of experience