West Virginia · land contract
West Virginia land contract, explained.
A plain-English guide to land contract (also called contract for deed) in West Virginia — statute, recording, default remedies, interest caps, and where deals actually happen.
W. Va. Code § 36-3-1 et seq. (recording); W. Va. Code § 38-1-1 et seq. (foreclosure framework, by analogy); no installment-contract-specific statute
Recordable with the county clerk under W. Va. Code § 39-1-2 and § 40-1-9. No statutory deadline; recording required for constructive notice.
Hybrid. West Virginia courts apply equitable-mortgage doctrine when buyer has accumulated equity; otherwise, contractual forfeiture may be enforced subject to equitable scrutiny.
Is land contract legal in West Virginia?
Recognized at common law as 'land installment contracts' or 'contracts for deed.' Widely used for rural and Appalachian properties.
How do you record a land contract agreement in West Virginia?
Recordable with the county clerk under W. Va. Code § 39-1-2 and § 40-1-9. No statutory deadline; recording required for constructive notice.
What happens if the buyer defaults?
Hybrid. West Virginia courts apply equitable-mortgage doctrine when buyer has accumulated equity; otherwise, contractual forfeiture may be enforced subject to equitable scrutiny.
What is the maximum interest rate?
8% per annum legal rate; up to 18% by written contract for most consumer real-estate-secured loans (W. Va. Code § 47-6-5); commercial loans more permissive.
What disclosures are required?
No installment-contract-specific statutory form; lead-paint federal disclosure; customary residential disclosures.
Who's protected — buyer vs. seller
Buyer protections
Equitable-mortgage doctrine; consumer-credit and protection laws (W. Va. Code § 46A); usury cap; equitable redemption.
Seller protections
Title retention; foreclosure or forfeiture remedies; specific performance; ejectment.
Where in the state do these deals happen?
Common in rural and Appalachian counties, mineral-rights-overlap parcels, owner-financed homes, intra-family transfers.
Notable case law
Research needed for definitive WV Supreme Court of Appeals precedent on installment-contract characterization.
Looking at a West Virginia deal?
Send the parcel and the terms — we'll walk through whether land contract fits, how to record it, and what the cure period looks like if things go sideways.
Talk to WyattEducational content only. Statute citations are public-record research, not legal advice. West Virginia contracts and remedies are fact-specific — consult a licensed West Virginia real-estate attorney before signing anything.