West Virginia § 30-38B-6 Petition to circuit court; recording of court order; costs and attorneyâs fees

West Virginia Statutes

§ 30-38B-6 — Petition to circuit court; recording of court order; costs and attorneyâs fees

West Virginia § 30-38B-6

Ch. 30PROFESSIONS AND OCCUPATIONS

Art. 38BUNFAIR REAL ESTATE SERVICES AGREEMENTS ACT

This text of West Virginia § 30-38B-6 (Petition to circuit court; recording of court order; costs and attorneyâs fees) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 30-38B-6 (2026).

Text

If an unfair real estate service agreement or a notice or memorandum thereof is recorded in this state, any party with an interest in the real property that is the subject of that agreement may petition the circuit court, in the county where the recording exists, for a court order declaring the agreement unenforceable. This court order shall be recorded in the office of the county clerk and state that the agreement is unenforceable. Any person that files a petition pursuant to this subsection shall be entitled to reasonable attorney’s fees and costs related to the petition. No provision of this section shall preclude an action for slander of title, and an action for slander of title and an action under this article may be brought in the same action.

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If an unfair real estate service agreement or a notice or memorandum thereof is recorded in this state, any party with an interest in the real property that is the subject of that agreement may petition the circuit court, in the county where the recording exists, for a court order declaring the agreement unenforceable. This court order shall be recorded in the office of the county clerk and state that the agreement is unenforceable. Any person that files a petition pursuant to this subsection shall be entitled to reasonable attorney’s fees and costs related to the petition. No provision of this section shall preclude an action for slander of title, and an action for slander of title and an action under this article may be brought in the same action.