It is unlawful for any person to engage in directly or indirectly, or to advertise or hold himself or herself out as engaging in or carrying on the business or act in the capacity of a real estate broker, associate broker, or salesperson within this state without first obtaining a license as provided for in this article. Prior to practicing real estate brokerage in this state, a license shall be obtained from the commission even if the person or entity is licensed in another state and is affiliated or otherwise associated with a licensed real estate broker in this state.

Terms Used In West Virginia Code 30-40-3

  • Associate broker: means any person who qualifies for a broker's license, but who is employed or engaged by a licensed broker to engage in any activity regulated by this article, in the name of and under the direct supervision of the licensed broker. See West Virginia Code 30-40-4
  • Broker: means any person who for compensation or with the intention or expectation of receiving or collecting compensation:

    (1) Lists, sells, purchases, exchanges, options, rents, manages, leases, or auctions any interest in real estate. See West Virginia Code 30-40-4

  • Commission: means the West Virginia Real Estate Commission as established §. See West Virginia Code 30-40-4
  • Entity: means a business, company, corporation, limited liability company, association, or partnership. See West Virginia Code 30-40-4
  • License: means a license to act as a broker, associate broker, or salesperson. See West Virginia Code 30-40-4
  • Real estate: means any interest or estate in land, and anything permanently affixed to land. See West Virginia Code 30-40-4
  • Salesperson: means a person employed or engaged by or on behalf of a broker to do or deal in any activity included in this article, in the name of and under the direct supervision of a broker, other than an associate broker: Provided, That for the purposes of receiving compensation, a salesperson may designate an entity to receive any compensation payable to the salesperson, including, but not limited to, a limited liability corporation or an S-corporation. See West Virginia Code 30-40-4
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10