HB 5070 West Virginia House of Delegates · 2026 Regular Session

To permit and require real estate brokerage firms to pay realtors leaving the commission they are entitled on open contracts.

HB 5070 requires real estate brokerage firms in West Virginia to pay realtors their earned commissions on open contracts when those realtors leave the firm to join another brokerage. Specifically, it amends the real estate license law to mandate that brokers must remit to the departing agent any compensation due from contracts signed while the agent was affiliated with that brokerage, upon receipt of the commission. This directly affects real estate agents who transition between brokerages and ensures they receive payment for work completed under prior contracts. The bill does not alter other licensing requirements or commission-sharing rules but focuses solely on ensuring fair payment for existing contracts during agent transitions.

Issues: ✓ Labor & Employment

Bill status in committee 1 of 4 stages cleared

Introduction

Feb 2026

Committee Review

Floor Vote

Governor

Introduced Feb 3, 2026 Last action Feb 6, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Committee Substitute · 5 edits

MODERATE

The bill was converted from an introduced version to a committee substitute, which significantly expanded the list of grounds for license refusal or revocation. The most important change is the replacement of a temporary 60-day grace period allowing brokers to hold onto commissions with a permanent requirement for brokers to remit pending commissions to departing licensees. Additionally, the committee version added numerous new prohibited acts, such as net listings, guaranteeing future profits, and failing to reduce offers to writing, while also adding new definitions and an affirmative duty for licensees to report violations.

Scope change

The bill's scope expanded from a single amendment regarding commission payments to a comprehensive overhaul of the Real Estate License Act, adding over ten new specific violations and stricter enforcement provisions.

REQUIREMENT

Changed the rule for departing brokers from a temporary 60-day allowance to hold commissions to a permanent mandate requiring the broker to immediately remit pending commissions to the leaving licensee.

Added new prohibited acts including net listings, guaranteeing future profits, failing to put offers in writing, and negotiating directly with clients represented by other brokers.

Removed the specific language allowing licensees to be actively licensed with two brokers for 60 days, as this was superseded by the new mandate for brokers to pay out pending commissions.

ENFORCEMENT

Added a new requirement for all licensees to have an affirmative duty to report known violations of the law to the commission.

DEFINITION

Added new subsections defining 'convicted in a court of competent jurisdiction' and outlining procedures for replacing licenses when a broker is revoked.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 6, 2026

Committee

To House Government Adminstration

lower

Feb 3, 2026

Committee

To House Government Organization

lower

Feb 3, 2026

Introduced

Introduced in House

lower

Feb 3, 2026

Committee

To Government Organization

lower

1 primary · 4 co-sponsors