West Virginia real estate: buy or sell with a local AXEN agent
West Virginia does not require a seller disclosure form, charges a transfer tax the seller pays, and builds mine subsidence coverage into most home insurance. Here is what is the same everywhere in West Virginia, and where to search homes.
West Virginia: search homes by city
Tap a city to see the newest homes for sale there.
What every West Virginia buyer and seller should know
No law requires a disclosure form
West Virginia has no statute requiring a seller disclosure form. Many sellers fill one out anyway because it is part of the standard contract forms. Ask for it, read it, and inspect.
Hidden defects still have to be disclosed
West Virginia's top court has held that a seller who knows about a serious defect that a buyer could not find with a reasonable inspection must disclose it (Thacker v. Tyree, 1982). Agents are also barred from misrepresenting a home (W. Va. Code 30-40-19).
The transfer tax is on the seller
West Virginia charges a state excise tax of $1.10 for each $500 of value, plus a county tax of at least 55 cents per $500. Counties can raise their share up to $1.65 per $500 (W. Va. Code 11-22-2). The law puts it on the seller unless the buyer accepts the deed unpaid. A $20 affordable housing fee is added to each transfer.
Mine subsidence coverage is built in
In most counties, West Virginia home insurance must include mine subsidence coverage for an added premium unless you waive it in writing. In 15 counties, mostly in the east and along the Ohio River, you must ask for it. New coverage starts 30 days after you apply, so ask your insurance agent early (W. Va. Code 33-30-6).
Check the water and septic
Many West Virginia homes, especially outside town, use a private well and septic system. Get the water tested and the septic checked during your inspection period.
Mineral rights may be separate
In coal and gas country, the minerals under a home are often owned by someone else. Buying the house does not mean you own what is underneath. Have your lawyer check the title if it matters to you.
A lawyer usually handles the title
In West Virginia, a lawyer typically examines the title and oversees the closing. Who pays for which title policy is set by your contract and local custom.
Seniors and disabled owners get a $20,000 exemption
Owners who are 65 or older, or permanently and totally disabled, can take the first $20,000 of assessed value off their home's taxes. Apply with the county assessor by December 1.
Closing costs in West Virginia: who pays what
Who pays what in West Virginia. The transfer tax is on the seller by law. Most other costs follow your contract and local custom, and all can be negotiated.
| Buyer pays | How it works |
|---|---|
| Lender's title policy | Required with a loan. Usually paid by the buyer. |
| Title exam and closing attorney | Often the buyer pays. Set in the contract. |
| Recording fees | County fees to record the deed and mortgage. |
| Loan costs | Origination, appraisal and credit report, if you have a loan. |
| Home inspection | Plus well water and septic tests where needed. |
| Homeowners insurance | Including mine subsidence coverage in most counties. |
| Prepaid taxes | Any tax escrow your lender requires. |
| Tax adjustments | Your share of property taxes from the closing date. |
| Seller pays | How it works |
|---|---|
| Transfer tax | State $1.10 per $500 plus the county's 55 cents to $1.65 per $500. The seller pays it by law. |
| Affordable housing fee | $20 per transfer. |
| Deed preparation | Usually drafted by a lawyer. |
| Mortgage payoff | Your lender's payoff plus the fee to release it. |
| Listing agent's commission | Set in your listing agreement. Always negotiable. |
| Owner's title policy | Set by your contract and local custom. |
| Tax adjustments | Your share of property taxes for the time you owned the home. |
| Repairs or credits you agree to | Only what you agree to in the contract. |
The county share of the transfer tax differs by county. Recording fees are set by state law and collected by the county clerk. Confirm current numbers with your closing attorney.
How a West Virginia home purchase runs
The order most West Virginia purchases follow. Your contract sets the exact deadlines, so keep a calendar.
Get pre-approved →-
Get pre-approved. Know your budget and payment before you tour.
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Ask for the seller's disclosure. It is not required by law, but many sellers provide one.
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Make an offer. Include inspection, financing and appraisal contingencies.
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Inspect and test. Check well water and septic if the home has them.
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Get insurance quotes. Include mine subsidence coverage where it applies.
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Title exam. A lawyer checks ownership, liens and mineral rights.
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Loan approval. The lender finishes the appraisal and underwriting.
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Final walk-through and close. Check the home, then sign and get the keys.
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Check tax relief. If you are 65 or older or disabled, apply for the homestead exemption by December 1.
West Virginia by region
West Virginia markets run from the DC commuter towns in the Eastern Panhandle to the Ohio River. Tap a city to see the newest homes for sale there.
Eastern Panhandle
Fast-growing towns within reach of DC and Baltimore.
Charleston and the Kanawha Valley
The capital and the towns around it.
Ohio River and the South
River towns and southern hubs.
AXEN Realty in West Virginia
Every AXEN agent in West Virginia works under a licensed managing broker: Sara Marie Brenner (AXEN Realty, LLC, firm license 010432). See every state on the state brokers page.
Buying? Start with the home buying guide and get pre-approved.
Selling? Read the home selling guide and get your home value.
Moving here? Read buying in a new state.
West Virginia real estate questions
Does a West Virginia seller have to give me a disclosure form?
No law requires a form, but many sellers fill one out. Sellers still must disclose known serious defects you could not find with a reasonable inspection.
Who pays the transfer tax in West Virginia?
The seller, by law, unless the buyer accepts the deed without it paid. It is $1.10 per $500 for the state plus a county tax of 55 cents to $1.65 per $500.
What is mine subsidence insurance?
Coverage for damage when old mines under a home collapse. In most counties it is part of your home policy unless you waive it. In 15 counties you must ask for it.
Do I get the mineral rights?
Often not, especially in coal and gas areas. A lawyer can check the title.
Is there a homestead exemption?
Yes, for owners 65 or older or permanently and totally disabled: $20,000 off the assessed value. Apply with the county assessor by December 1.
Is a home inspection required?
No law requires one, but with no required disclosure form it is your best protection. Add well water and septic tests if the home has them.
Who closes the sale?
Usually a closing attorney or title company, with a lawyer examining the title.
Who pays for title insurance?
It depends on your contract and local custom. Settle who pays for the owner's and lender's policies in your offer.