Does a home seller have to disclose the property’s condition in West Virginia?
In West Virginia, there is no general condition disclosure statement, but the seller (grantor) must state in the deed that the property or its subsurface was used to store, treat or dispose of hazardous waste, or that it contains an underground storage tank, when the seller owned an interest at that time or knows of it. The underground storage tank disclosure also applies when the seller has reason to believe the property or its substrata contains such a tank. Both duties apply to any deed or other instrument of conveyance and to leases. Federal law separately requires a lead-based paint disclosure when selling most homes built before 1978. This is W. Va. Code §§ 22-18-21, 22-17-19.
| What | West Virginia |
|---|---|
| Seller disclosure | Hazardous waste use and buried storage tanks, in the deed |
| Kind of rule | Only specific written disclosures are required |
What the statute says
“… shall disclose in such deed, lease or other instrument the fact that such property, or the substrata of such property whether or not the grantor or lessor is at time of such conveyance or lease the owner of such substrata, contains an underground storage tank.”
Quoted word for word from the section’s text.
Source
W. Va. Code §§ 22-18-21, 22-17-19
Read the statute in the West Virginia Code (West Virginia Legislature): code.wvlegislature.gov.
Checked against the statute on November 15, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
This page states the state’s rule so the costs and paperwork of a sale can be checked against it before a contract is signed. An owner on Seayora keeps each property’s owners of record and its documents in one place.
Guides on this rule
- Seller Disclosure Requirements by State — Whether a home seller must give a written property condition disclosure, with the rule in each of the 48 jurisdictions with a statute.
Compare this rule in every state
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The same question in other states
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Hawaii
- Idaho
- Illinois
- Indiana