West Virginia: what an unlicensed TC can do

What West Virginia law lets an unlicensed transaction coordinator do, what needs a license, and why the clerical exemption is narrower than it looks.

Last reviewed October 2026 from West Virginia Code. West Virginia contract deadlines →

What you can do without a license

West Virginia's exemption for office staff covers a person "employed by a broker in a noncommissioned secretarial or clerical capacity" (W. Va. Code § 30-40-5(c)(10)). Commission Rule 174CSR1 § 21 holds brokers responsible for supervising their licensees, but no rule speaks to supervising unlicensed staff, so follow your broker's direction.

A practical example

You can:

Your agent asks you to book a time with the sellers for a walk-through and send them the brokerage's printed information sheet.

Refer to the agent:

The buyer asks whether the seller would take less. Send it to your agent.

Staying on the right side of the rules

Purchase agreements and license lending

In a May 1, 2023 memo, the Commission described arrangements where an unlicensed agent would "handle all negotiations and site visits; and complete all purchase agreements necessary for the transaction" under a West Virginia broker's name, and called this "a clear example of license lending." The memo is about unlicensed out-of-state agents, not assistants. It doesn't rule on forms directly, but it lists completing purchase agreements as part of the agent's work in an arrangement it condemns.

Contracts are the licensee's duty

"Every licensee shall make certain that all the terms and conditions of a real estate transaction are contained in any contract prepared by the licensee" (§ 30-40-26(f)).

Penalties

Violating the License Act or the Commission's rules is a misdemeanor. A first conviction carries a fine of $1,000 to $2,000, up to 90 days in jail, or both; later convictions carry $2,000 to $5,000, up to one year, or both. Anyone paid for acts done in violation of the Act also faces a penalty of one to three times the pay received (§ 30-40-22).

How Closima handles it

Closima asks whether you hold a West Virginia license. If you don't, purchase agreements and addenda go to your agent with a link: they check every value and complete the form, and Closima records that a licensee completed it. If you do, you fill them in yourself and send them to your agent for approval before they go out. Everything else (deadlines, documents, emails, other forms) works as usual.

Thinking about a license?

You don't need one to work as a TC in West Virginia. A license lets you also do the work in the "Needs a license" column, under a broker. Here's what's involved:

West Virginia's first license is the salesperson license. You complete 90 clock hours of Commission-approved pre-licensing courses (30 hours of Real Estate Principles and Practice and 20 hours each of Real Estate Law, Finance and Appraisal), scoring 70% or higher in each subject to be eligible for the exam. You then pass the Pearson VUE licensing exam, complete a criminal background check, and apply to the Commission. The course must be completed within three years before you apply. How to apply.

Quick answers

Resources

• Education Requirements for Licensure (WVREC)The 90-hour salesperson course and the 70% score needed in each subject.
• Licensing (WVREC)Applications, the background check requirement and the Pearson VUE candidate handbook.
• Law (WVREC)Links to W. Va. Code § 30-40 and the Commission's current rules.
• License Lending to Unlicensed Agents (memo)The Commission's 2023 warning about unlicensed people handling negotiations and purchase agreements under a broker's name.

Questions about what's allowed? Ask the regulator: West Virginia Real Estate Commission, 304-558-3555, [email protected].