Are you interested in joining the staff of the North Carolina Real Estate Commission? From time to time, employment opportunities become available. They are posted on the Commission’s website under the “About Us” tab.
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Christy Evans, Consumer Protection Officer, spoke at the Union County Association of REALTORS meeting on August 4.
Jean Hobbs, Auditor/Investigator and Brian Heath, Consumer Protection Officer, spoke at the Canopy REALTOR Association meeting on August 12.
Sheryl Graham, Consumer Protection Officer, spoke at the Lake Norman Realty office meeting on August 17.
On July 8th, Governor Cooper signed House Bill 776 into law, authorizing Remote Electronic Notarization (aka Remote Online Notarization or “RON”) once again in North Carolina.
In 2020, temporary legislation was enacted to allow for Emergency Video Notarization after the COVID-19 pandemic necessitated social distancing. However, that legislation expired last year.
With the signing of House Bill 776 into law, the ability to use Emergency Video Notarization is restored until 6/30/2023. The Emergency Video Notarization law allows a regular notary to perform acknowledgments and oaths/affirmations for a person located in North Carolina using live/real-time video conference technology to verify the person’s identity.
In July 2023, a new Remote Electronic Notarization program will be implemented. The new statute defines Remote Electronic Notarization in North Carolina moving forward, creating a new category of notary, the remote electronic notary. These notaries can perform notarial acts without the requirement to be in the physical presence of the signer. They are required to use remote communication technology platforms that are secure, capable of recording and geolocation, and licensed by the NC Secretary of State. The Secretary of State has been tasked with creating rules to implement the program and technology platform for an effective date of July 1, 2023.
The restoration of Emergency Video Notarization and the new Remote Electronic Notarization program may affect the way some law offices handle closings. Please check with your closing attorney if you have any questions about how this law might change the real estate closing process.
CHRISTOPHER ALLEN BRADSHAW (CHARLOTTE) – By Consent, the Commission permanently revoked the license of Mr. Bradshaw effective April 1, 2022. The Commission found that Mr. Bradshaw, was qualifying broker/broker-in-charge of a licensed firm and was also a general contractor and owner of a construction company. Mr. Bradshaw acted as listing agent to market properties built by his construction company. Mr. Bradshaw failed to disclose liens, judgments, and/or foreclosures that would prevent Mr. Bradshaw from closing on multiple properties. Mr. Bradshaw accepted multiple deposits which were required to be held by Seller while knowing that the properties could not close timely and then used those deposits to refund other deposits on failed transactions.
ERIC TROY BYRD (APEX) – The Commission accepted the voluntary surrender of the broker license of Mr. Byrd effective August 17, 2022. The Commission dismissed without prejudice allegations that Mr. Byrd violated provisions of the Real Estate License Law and Commission rules. Mr. Byrd neither admitted nor denied misconduct.
CITY VIEW TERRACES LLC (CHARLOTTE) – By Consent, the Commission permanently revoked the firm license of City View Terraces LLC effective April 1, 2022. The Commission found that City View Terraces acted as listing agent to market properties built by the construction company owned by the firm’s qualifying broker/broker-in-charge. City View Terraces LLC failed to disclose liens, judgments, and/or foreclosures that would prevent the firm’s qualifying broker/broker-in-charge from closing on multiple properties. The firm’s qualifying broker/broker-in-charge accepted multiple deposits which were required to be held by Seller while knowing that the properties could not close timely and then used those deposits to refund other deposits on failed transactions.
ALEXANDRA DOBRIN (CHARLOTTE) – By Consent, the Commission suspended the broker license of Ms. Dobrin for a period of 2 years, effective June 20, 2022. The Commission then stayed the suspension in its entirety. The Commission found that in June 2019, Ms. Dobrin acted as listing agent for the sale of property served by a septic system. Ms. Dobrin failed to obtain and review the septic permit and misrepresented the subject property as having four bedrooms when the septic permit specified three bedrooms. In 2020, Ms. Dobrin relisted the property for the buyer in the 2019 transaction and again failed to review the septic permit leading to the same misrepresentation. The property was subsequently listed by a new listing agent and the property was sold with the new buyer aware of the actual septic permit allowance. Ms. Dobrin has reached a settlement with the 2019 buyer to the buyer’s satisfaction.
LAURA JOY GUY (RALEIGH) – By Consent, the Commission suspended the broker license of Ms. Guy for a period of 3 months, effective May 1, 2022. The Commission found that in September 2021, Ms. Guy was enrolled in HPW Real Estate School in Postlicensing Course 303 – NCLAW. Ms. Guy was required to successfully complete an end-of-course exam to receive credit for the course. The exam was administered to Ms. Guy remotely, utilizing a proctor to facilitate and monitor the exam process. The proctor observed Ms. Guy had open notes during the exam and copied and pasted an exam question into a Word document on her computer. Screen shots were taken showing this activity.
OSAMA MILAD ESKANDER NICOLA (CHARLOTTE) – By Consent, the Commission suspended the broker license of Mr. Nicola for a period of 3 months, effective June 1, 2022. The Commission found that in January 2021, Mr. Nicola listed residential property he had purchased in September 2020 and failed to disclose that the extensive renovation work he supervised, had not been permitted or inspected. After the first buyer terminated following inspections, Mr. Nicola re-listed the property, used the original RPOADS on which he had answered no representation to all questions, and failed to disclose material facts learned from the first buyer’s home inspection. The Commission noted the Mr. Nicola has refunded the buyer the due diligence fee and other costs.
NOY PROPERTIES LLC (GARNER) – The Commission accepted the voluntary surrender of the firm license of Noy Properties LLC effective August 17, 2022. The Commission dismissed without prejudice allegations that Noy Properties violated provisions of the Real Estate License Law and Commission rules. Noy Properties neither admitted nor denied misconduct.
CORY STEPHEN RUSHATZ (SANFORD) – By Consent, the Commission suspended the broker license of Mr. Rushatz for a period of 30 days, effective July 1, 2022. The Commission found that in and around 2020, Mr. Rushatz, acting as listing broker, misrepresented the square footage of several properties by relying on county tax records to represent the square footage. Around January 2021, a member of Mr. Rushatz’s firm offered to buy property from a client to facilitate the sale of adjacent property of the client, and purchased the property. Mr. Rushatz, acting as listing broker for both tracts, failed to deliver a written disclosure of the potential conflict of interest to his seller-client. Mr. Rushatz also failed to terminate the listing agreement or refer the seller-client to another real estate brokerage firm prior to the transaction. The client was aware the purchaser was associated with the firm.
JACQUELINE DENISE YON (GARNER) – The Commission accepted the voluntary surrender of the broker license of Ms. Yon effective August 17, 2022. The Commission dismissed without prejudice allegations that Ms. Yon violated provisions of the Real Estate License Law and Commission rules. Ms. Yon neither admitted nor denied misconduct.
What is the deadline for completion of Postlicensing Education?
All 90 hours of Postlicensing must be completed within 18 months of initial licensure date, Commission Rule 58A .1902(b). The counting starts from the date the license is issued, whether or not it is ever activated. A provisional broker must complete all 3 Postlicensing courses by the deadline to remain eligible for an active NC real estate license.
What if I miss my 18-month deadline?
If all 3 Post courses have not been completed within the 18 months of initial licensure, the license will be placed on inactive status until activation criteria can be met, Commission Rule 58A .1902(c).
Plan well. Commission rules do not allow for any extension of time for any reason to complete the Postlicensing education.
To activate an inactive license that was on provisional status, all 3 Post courses must have been completed within the 2 years immediately preceding the request to activate. If a Post course was completed more than 2 years ago, it will have to be retaken prior to license activation.
What is the completion deadline of an individual Postlicensing course once I register for the course?
A Post course must be completed (including successfully passing the end-of-course exam) within 180-days of course enrollment, Commission Rule 58H .0207(b). Read that again: from course enrollment, not from when the student begins taking the course. This distinction is particularly important for self-paced distance courses where students may not begin the course right away or when scheduling the proctored end-of-course exam may take several days or weeks.
RECOMMENDATION: if a Postlicensing package containing all 3 Post courses is purchased, be sure to take each end-of-course exam as you complete that course’s instruction vs waiting to take all 3 exams after completing all 3 course instructions. By delaying the exams, students run the risk of their 180-day courses expiring before all 3 exams can be scheduled or passed. With no possibility of course extensions, the entire course(s) has to be retaken for credit.
How do I find the Postlicensing (PL) course I need?
Click this link to search all scheduled in-person, synchronous, or blended delivery PL courses by Course Name, Type of Delivery, Name of Education Provider or Instructor, City/County, or course dates. Click this link for a list of certified Education Providers who offer self-paced distance PL courses.
Did you know the Commission’s website (ncrec.gov) offers a wide variety of resources for brokers and consumers?
Resources for brokers include:
Resources for consumers include:
Mel Black of Raleigh has been elected as Chair of the North Carolina Real Estate Commission and Jeff Malarney of the Outer Banks as Vice Chair. Their terms began on August 1, 2022.
Mel Black was appointed to the Commission by Governor Cooper in 2019. As a real estate and appraisal educator, Mr. Black develops and delivers real estate curriculum for the Colibri Group. As an attorney in private practice with Everett Gaskins Hancock, LLP, he focuses on administrative law and occupational licensing. Mr. Black is a third-generation broker and second-generation appraiser in North Carolina. He has been licensed as a broker since 1988 and certified as an appraiser since 1991.
Mr. Black is the former Executive Director of the North Carolina Appraisal Board and former Education and Examination Officer with the North Carolina Real Estate Commission.
He has been elected to multiple national positions, including president of the Association of Appraiser Regulatory Officials, member of The Appraisal Foundation Advisory Council and its State Regulator Advisory Group, and member of the Board of Directors of the Council on Licensure, Enforcement and Regulation. For his service to North Carolina, Mr. Black was inducted into the Order of the Long Leaf Pine.
Mr. Black was named Educator of the Year by the North Carolina Real Estate Educators Association and received the Larry A. Outlaw Excellence in Real Estate Education Award from the North Carolina Real Estate Commission.
He holds a Juris Doctorate from the North Carolina Central University School of Law, an Educational Specialist degree from Appalachian State University, a Masters of Education from Winthrop College, and a Bachelor’s degree from the University of the State of New York. Mr. Black and his children, Andrew and Mari, are based in Raleigh.
Jeff Malarney, a former member of the Real Estate Commission, was reappointed to the Commission in 2018 by Governor Roy Cooper. He has practiced law in the Outer Banks for over 27 years and is a principal of the Law Offices of Jeff Malarney, PLLC. He is also a licensed real estate broker and property insurance agent.
A Commander (ret.) of the United States Navy Judge Advocate Corps, he is a former Special Assistant United States Attorney, past president of the North Carolina Vacation Rental Manager’s Association, and past chairman of the Outer Banks Chamber of Commerce.
Malarney founded and operated a mortgage brokerage company, an insurance agency, and created H20BX Waterpark in Currituck, North Carolina. Malarney holds a JD from Wake Forest University School of Law and BA (cum laude) in Economics and Management from Albion College.