West Virginia is a “Buyer Beware” state. Sellers have no statutory duty to proactively disclose property defects, and buyers are generally responsible for conducting thorough property inspections.

Exceptions:

• Fraudulent Concealment and Misrepresentation: Sellers cannot actively hide defects (e.g., painting over severe water damage) or lie to the buyer if asked a direct question about the property’s material condition (Thacker v. Tyree (1982)).
• New Construction: Homebuilders are bound by an implied warranty of habitability (Gamble v. Main, (1983)).
• Real Estate Agents: Unlike sellers, licensed real estate agents are legally required to proactively disclose known material defects to buyers (§ 30-40-19).

1.) Homeowners Association (HOA) Resale Certificate: If the property is part of a common interest community (such as a condo or HOA), the seller must provide a resale certificate. This form, which is provided directly by owners’ associations, discloses the organization’s fees, rules, and any ongoing legal disputes.

2.) Lead-Based Paint Disclosure: Federal law mandates that sellers of homes built prior to 1978 must disclose any known lead-based paint or related hazards on the premises (42 U.S. Code § 4852d).

1.) Seller’s Disclosure of Material Defects: This form disclosues the condition of the home’s systems and structures (§36-12-4). While voluntary, it is recommended to help sellers avoid potential lawsuits for common-law fraud or misrepresentation. Real estate agents are also legally required to ensure a Disclosure of Material Facts has been completed before closing (§ 30-40-19).