West Virginia Disclosure Law
WV Code §36B-1-101 requires sellers of residential property to provide a written Residential Property Disclosure Form to buyers before or at the time of signing a purchase agreement.
What Must Be Disclosed
Mineral Rights and Coal Severance
In much of southern and central West Virginia, mineral rights (coal, oil, gas) have been severed from surface rights. Sellers must disclose whether mineral rights are included in the sale. A buyer purchasing without mineral rights needs to understand the implications — surface owners may have limited control over mining operations on their land.
Exemptions
New construction, foreclosure sales, estate transfers, and court-ordered conveyances are exempt from WV's disclosure requirement.
Penalties
Failure to disclose known material defects entitles the buyer to rescind the purchase contract. West Virginia courts apply common law fraud standards to deliberate concealment by sellers.
Download the West Virginia disclosure form at byownerhub.com/west-virginia-fsbo-guide.