West Virginia FSBO Disclosure Requirements (2026)

West Virginia's Seller Residential Property Disclosure Form covers the primary disclosure requirements. The 2016 catastrophic flooding, coal mine subsidence risk, and the state's pervasive well and septic infrastructure are the most distinctive WV disclosure issues.

West Virginia Disclosure Framework

WV Code §36B-4-107 requires the Seller Residential Property Disclosure Form. Buyers have 5 business days after receipt to rescind.

West Virginia's form covers structural conditions, utilities, environmental hazards, flooding, and other material facts. The "Yes/No/Unknown" format is standard.

June 2016 Flood Disclosure

The June 23–24, 2016 West Virginia floods rank among the state's worst natural disasters. Federal disaster declarations covered 44 West Virginia counties. Communities most severely affected:

If your property was in one of the affected counties and experienced flooding, WV's disclosure form requires disclosure. Specify the extent of water damage, repairs performed, insurance claims filed, and FEMA disaster assistance received.

Mine Subsidence Risk

West Virginia has been extensively mined — underground coal mining operations underlie portions of Boone, Logan, McDowell, Wyoming, Mingo, Mercer, Lincoln, and other southern and central WV counties. When mine workings collapse, the ground above can subside, causing structural damage to homes.

Mine subsidence disclosure:

The US Office of Surface Mining Reclamation and Enforcement (OSMRE) maintains the Abandoned Mine Land Inventory at osmre.gov.

Well and Septic — Rural WV

The majority of West Virginia's rural housing (and much of its small-town housing) uses private wells and on-site septic systems. The WV disclosure form has detailed sections for both.

Well: Depth, pump age, last water quality testing (EPA-standard bacterial and nitrate at minimum; some rural WV areas have naturally occurring arsenic, manganese, or other minerals in well water). WV DEP regulates well permits.

Septic: System type (conventional, mound, holding tank — holding tanks are used in some steep terrain situations), last pump-out date, condition of drain field. Some rural WV terrain doesn't support conventional drain fields; systems may be non-standard.

Flooding in West Virginia's River Valleys

West Virginia's rivers — the Kanawha, Ohio, Big Sandy, Cheat, Monongahela, Elk, Gauley, Greenbrier, New River — create significant flood zone exposure throughout the state. Mountain terrain concentrates rainfall, creating flash flood conditions.

FEMA flood zone properties in WV:

Check msc.fema.gov. Disclose any flooding during ownership.

WV Transfer Tax

$1.10 per $500 of consideration ($2.20/$1,000). On a $185,000 sale: $407. Modest transaction costs.