Under the Fair Credit Reporting Act, a consumer reporting agency, on request by and proper identification of the consumer, must clearly and accurately disclose to the consumer:
the nature and substance of certain information in its files on the consumer;
the sources of most of that information;
the recipients of any consumer report on the consumer furnished for employment purposes within the two-year period preceding the request, and for any other purpose within the one-year period preceding the request;
the dates, original payees, and amounts of any checks on which is based any adverse characterization of the consumer, included in the file at the time of the disclosure; and
a record of all inquiries received by the agency during the one-year period preceding the request that identified the consumer in connection with a credit or insurance transaction that was not initiated by the consumer.
West Virginia Request for Disclosure Regarding Nature and Substance of Files of Consumer Reporting Agency
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How to fill out Request For Disclosure Regarding Nature And Substance Of Files Of Consumer Reporting Agency?
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FAQ
In West Virginia, sellers are not required by law to provide disclosures to prospective buyers. Although not mandated by law, it is always advisable to fill out a Property Disclosure Statement. The real estate agents of West Virginia have the professional duty to be truthful to the prospective buyer.
Exempt in records: Some criminal investigations; some police reports; tax returns; medical records; personnel matters; real estate; attorney client privilege exemptions; and working papers.
Anyone can request public records and a statement of purpose is not required, nor are there restrictions on the use of the records. The West Virginia Freedom of Information Act allows for 5 business day for records request responses.
FOIA Requests: Pursuant to West Virginia's Freedom of Information Act, all persons are, unless otherwise expressly provided by law, entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees.
No Seller Disclosure Regulations in West Virginia Under the doctrine of caveat emptor ("let the buyer beware"), judges ordinarily refuse to compensate buyers for home defects found after the purchase unless the seller did something to actively prevent the buyer from inspecting the property to find all of the defects.
FOIA applies to records created by federal agencies and does not cover records held by Congress, the courts, or state and local government agencies. Each state has its own public access laws that should be consulted for access to state and local records.
Declaration of Consideration of Value (This is the monetary amount for which the property is sold. If the property is being transferred without monetary value, it must state in the declaration paragraph 'why' it is exempt from transfer tax.)
(a) Every person has a right to inspect or copy any public record of a public body in this state, except as otherwise expressly provided by section four of this article. (b) A request to inspect or copy any public record of a public body shall be made directly to the custodian of such public record.
