Red Oak Realty WV Real Estate

Q and A
What kind of condition is the property in? Poor condition. The furnace is new, the water was on when I was there last, beyond that it needs a lot of work
What is a Buyer Beware property? * Buyer Beware is a term we use to alert the buyer that this property is handled differently than a typical real estate sale. The property was obtained through a West Virginia tax lien foreclosure. It is sold for cash or equivalent only, by quitclaim deed. Financing is not available to our knowledge. It is the buyer's responsibility to review all available information and decide whether they are comfortable with the purchase.
Is the title clear? * The property was obtained through a tax lien foreclosure. Seller holds a deed issued by the State of West Virginia. However, the title is subject to West Virginia's tax lien foreclosure statutes and there are potential title risks. Our title search, notices, and results are available for your review. We recommend that any buyer conduct their own due diligence or consult with an attorney before purchasing.
Are there closing costs? * The only additional fee charged is the county recording fee for the deed. The exact amount is determined when preparing the closing documents. As an estimate, it is approximately $50 plus $6 per thousand of the sale price. For example, a $25,000 sale would be approximately $200. This varies by county. The property is sold subject to any unpaid current real estate taxes.
Is there a chance the former owner gets the property back? * The redemption period is over and the State has issued a deed, so the former owner cannot simply pay back taxes to reclaim the property. However, under W. Va. Code §11A-4-4, a person who was not properly notified during the foreclosure process may file a civil action to set aside the deed within the statutory period. They must tender the redemption funds to the court just to proceed, and must prove by clear and convincing evidence that the purchaser failed to exercise reasonably diligent efforts to provide notice. Our title search, notices, and results are available for the buyer's review.
Did you have a title search done? * Yes. Our attorney performed a title search for notifications as required by the tax lien foreclosure process. The title search, notices, and all results are available for review. There is usually a link on our website for each property. If it is not posted, we can provide it upon request.
Can the former owner pay the back taxes and get the property back? * No. The redemption period has expired and the State of West Virginia has issued a deed. The former owner can no longer redeem the property by paying back taxes. However, Buyer Beware properties are typically still within the statutory challenge period described below.
Are there any pending taxes on the property? * The delinquent taxes were paid through the tax lien foreclosure process. The property is sold subject to any current unpaid taxes. Typically this includes the current year and possibly the prior year. A link is provided on this page to view and confirm real estate taxes for the property.
Can I look at the property before buying? * Viewings are handled by the owner after the buyer has fully reviewed the Buyer Beware information. Those arrangements can be made with the owner upon request.
How does agent commission work with these properties? * Buyer Beware properties do not offer buyer agent compensation to realtors.
Who would I speak with about doing my own title search? * Title searches are generally performed by an attorney. You may also be able to obtain information from the county clerk's office — most counties have online document inquiry sites. Our title search is usually posted on the property listing. If not, we can provide it upon request.
Can I get more pictures? * All available pictures are posted to the listing. We do not do virtual tours or additional picture requests on Buyer Beware properties.
Is there a deadline for the former owner to challenge the tax deed? * The primary concern is W. Va. Code §11A-4-4, which allows a person who was entitled to notice but was not properly notified to file a civil action to set aside the tax deed within two (2) years of the deed being delivered. To proceed, they must tender to the court the funds necessary to redeem the property and must show by clear and convincing evidence that the purchaser failed to exercise reasonably diligent efforts to provide notice. There are other statutes that may affect title to any real property in West Virginia, not unique to tax sales. We recommend consulting a West Virginia attorney for a complete understanding of title risks.
What happens to my money if the tax deed is overturned by a court? * Seller stands behind the sale. On full-price purchases, Seller includes a Post-Closing Indemnification Agreement at no additional cost. If a former owner files a legal challenge under W. Va. Code §11A-4-4 and a court issues a final order overturning the tax deed, Seller will refund the purchase price — reduced by any statutory reimbursements the buyer actually receives under West Virginia law (back taxes, interest, fees, and other statutory costs). If those reimbursements equal or exceed what the buyer paid, no refund is needed because the buyer has already been made whole. The agreement is a written, signed contract that spells out the exact terms, the maximum refund amount, and both parties' obligations. It is a term of the sale — not a separate product and not insurance. It is similar to the warranties sellers routinely make in real estate transactions throughout West Virginia. The agreement covers challenges under §11A-4-4 specifically. If no challenge is filed during the statutory period, the agreement expires automatically. We encourage every buyer to review the agreement with their own attorney before closing. A copy is available upon request.
What happens if I make improvements and the tax deed is later overturned? Do I lose my investment? * This is a common concern. The following is based on AI-assisted research of West Virginia statutes and is provided for informational purposes only — it is not legal advice. W. Va. Code §11A-3-59 gives the tax deed purchaser the express statutory right to "inspect and perform necessary and reasonable repairs for the preservation of the real property." The same section states that the current occupant has "a duty to preserve the property to the best of his or her ability and control." If a former owner seeks to overturn the tax deed under §11A-4-4, the statute requires them to reimburse the purchaser the amount required for redemption, plus all taxes paid since the deed, plus interest at 12% per annum, plus all additional statutory costs paid by the purchaser (§11A-3-58). The former owner must tender these funds to the court just to proceed with the challenge. While §11A-4-4 does not explicitly mention improvements, the costs of necessary preservation repairs authorized by §11A-3-59 may be recoverable as statutory costs under §11A-3-58. Additionally, a former owner who receives back an improved property without compensating the person who made those improvements may face an unjust enrichment claim — a well-established legal principle that prevents one party from profiting at another's expense. There are multiple possible avenues in the law that may address improvements, but nothing specific enough to declare any single one authoritative. We encourage all buyers to consult with a qualified West Virginia real estate attorney before purchasing or making improvements.
I am not familiar with this process. How can I get more answers? * The fastest way is to text the owner at the phone number provided by Red Oak Realty. Send the property address and indicate that you have fully read the Buyer Beware information. We are happy to answer questions, but please review the information above first — most common questions are addressed here.

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1527 1/2 RICHARDS AVE , CLARKSBURG, WV, 26301

COUNTY TAX DATA / AI (MAYBE PART THEREOF/OUT OF DATE)