As you know, on September 21, 2005, the West Virginia Real Estate Commission, in response to a U.S. Department of Justice inquiry, unanimously determined that it would no longer enforce the “anti-inducement rule,” as previously promulgated by CSR §174-1-11.

At the Commission meeting on November 16, 2005, the Real Estate Commission determined that amending the current language of CSR §174-1-11, was appropriate in the circumstances.

On January 18, 2006, the Commission approved new language to replace the current rule. You may view the new language at the following link: "Emergency Rule". The changes made to the Rule begin on page four (4) of the document, and are presented in Legislative format; New language is identified by underline and language to be removed is identified with strike through.  On January 31, 2006, the Emergency Rule was filed with the Office of the Secretary of State and the Legislative Rule Making Review Committee.

A Public Comment period was established which allowed all interested persons the opportunity to file their comments regarding the revised Rule.  The Public Comment period ran from January 31, 2006, through March 3, 2006.  At its meeting on March 15, 2006, the Real Estate Commission reviewed all of the comments received and, based on those comments, amended the language of CSR §174-1-11.3.b.  The amendment made by the Commission establishes a five-year period for retention of the records that must be maintained.  The amended Rule was filed with the Secretary of State on March 23, 2006.

The Emergency Rule became effective on March 14, 2006.  The offering of all Consumer Rebates, Inducements and Other Discounts must be offered in a manner that is in compliance with the Emergency Rule.