HB 5070 — To permit and require real estate brokerage firms to pay realtors leaving the commission they are entitled on open contracts.

CS for HB 5070 WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for House Bill 5070 By Delegates Lucas, Crouse, Clark, Dean, and Bridges [Introduced[Originating Februaryin 03,the 2026;Subcommittee on Government Administration;

referredReported toon theFebruary Committee17, on2026] GovernmentCS Organization]for Intr HB 2026R34515070 A BILL to amend and reenact §30-40-19 of the Code of West Virginia, 1931, as amended, relating to real estate licenses;

and permittingrequiring licensinga withbrokerage twoto brokeragespay fora 60licensee days after leaving athe brokerage andcommissions goingresulting tofrom anotherthe brokerage.licensee’s business in contract.

(10) Advertises or displays a "for sale", "for rent", or other such sign on any property without an agency relationship being established or without the owner’s knowledge and written Intr1 CS for HB 2026R34515070 consent;

ProvidedProvided, however, That when a licensee has given notice to theirthe licensee’s current broker about moving theirhis or her license to a different broker and the licensee has pending contracts that willmay result in commission(s)one toor bemore paidcommissions, to the licensee,broker with whom the licensee maywas beaffiliated activelywhen licensedsuch withpending twocontracts brokerswere forentered 60into daysshall, after leavingthe onelicensee brokerageleaves the brokerage, remit to the licensee, upon receipt by the broker of the commission, any compensation due to the licensee under those contracts, and the licensee may receive paymentsuch oncompensation opennotwithstanding commissions;the change of broker;

2 CS for HB 5070 (19) Violates any provision of this article, any rule, or any order or final decision issued by the commission;

Intr HB 2026R3451 (20) Procures an attorney for any client or customer, or solicits legal business for any attorney-at-law;

(31) Breaches a fiduciary duty owed by a licensee to his or her principal in a real estate 3 CS for HB 5070 transaction;

(32) Directs any party to a real estate transaction in which the licensee is involved, to any Intr HB 2026R3451 lending institution for financing or to any affiliated business with the expectation of receiving a financial incentive, rebate, or other compensation, without first obtaining from his or her principal the signed acknowledgment of and consent to the receipt of the financial incentive, rebate, or other compensation:

(40) Obtains, negotiates, or attempts to obtain or negotiate a contract whereby the broker is entitled to a commission only to the extent that the sales price exceeds a given amount, 4 CS for HB 5070 commonly referred to as a net listing;

(41) Fails or refuses, on demand, to furnish copies of a document to a person whose Intr HB 2026R3451 signature is affixed to the document;

Provided, That the commission shall issue a replacement license for any licensee so affected to a new broker, without charge, if a 5 CS for HB 5070 proper application is submitted to the commission during the same license term.

The purpose of this bill is to permitrequire the licensee, after leaving a brokeragebroker andto goingremit Intrcertain HBmonies 2026R3451 to a newlicensee brokerage,who departs to bework actively licensed with two brokerages for 60another daysbroker. in order to receive payments on open commissions.

Namely, the licensee would be entitled to any compensation deriving from his or her contracts that were pending at the time of the licensee’s departure from the former broker.