2025 YEAR IN REVIEW

As 2025 comes to an end, let’s review some of the hot topics of the last 12 months. 

NAR and the Legislature

In 2024, the hottest topic was the National Association of Realtors (NAR) settlement that banned REALTORS® from offering buyer agents’ compensation on the MLS when listing homes for sale, and formalized the principle that buyer agents should negotiate their own pay and formalize it in a signed contract.  The North Carolina Legislature piggy-backed on this with the Regulatory Reform Act of 2025, which allows buyer agent compensation to a broker or firm, including the forfeiture of earnest money, to be included in a preprinted offer to purchase or sales contract.

Commission Rules currently prohibit this, so the Legislature has directed the Commission to revise Rule 21 NCAC 58A .0112 to allow it. 

Fraudulent Sellers

The Commission continues to see more and more complaints about fraudulent sellers- especially with vacant land.  Multiple brokers and firms were disciplined by the Commission in 2025 because they listed properties for sale without determining whether the person asking them to list it was the legitimate owner. Brokers must take reasonable steps to verify the identity of a seller prior to listing a property for sale, especially when the only contact from the “seller” is by text or email.  Many brokers use services like Forewarn to verify the identity of individuals, but other best practices, red flags to watch out for, and helpful resources can be found in the several published eBulletin articles listed here:

• Fake Seller / Fake Buyer Scam Alerts
• Be Aware of Scam Sellers
• Fake Seller / Fake Buyer Scam Alerts
• Preventing Seller Impersonation Fraud in Residential and Commercial Transactions
• THINK BEFORE YOU ACT

In September, the U.S. Department of Housing and Urban Development’s (HUD) Office of Fair Housing and Equal Opportunity (FHEO) announced the withdrawal of multiple FHEO guidance documents. FHEO guidance documents help housing providers, agencies, and the public understand their rights and responsibilities under existing housing laws and regulations by providing clarity on how to interpret and apply these laws. It is important to recognize that while guidance documents may shift, the underlying laws, such as Title VIII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1974, remain unchanged. Housing providers, real estate professionals, and community partners must continue to uphold fair housing protections and ensure compliance with fair housing requirements in all housing and real estate transactions.

Highlighted below are some key takeaways to consider:

Service Animals and Reasonable Accommodations

• Individuals with disabilities continue to have the right to request reasonable accommodations under the Fair Housing Act.
• Housing providers must grant accommodations that are reasonable, including service animals.
• Verification of medical documentation for non-obvious disabilities remains part of the process.

Gender Identity and Sexual Orientation

• HUD is no longer accepting cases based solely on gender identity or sexual orientation.
• Complaints involving sexual harassment (quid pro quo or hostile environment) remain valid.
• Charlotte, Durham, and Greensboro have local ordinances that provide additional protections.

Use of Criminal Records

• The North Carolina Human Relations Commission cannot investigate disparate impact claims, but housing providers must avoid discriminatory practices.
• A Supreme Court case from 2016 confirmed that the Fair Housing Act allows lawsuits based on policies or practices that disproportionately harm protected groups.

Source of Income Testing

• Fair Housing Assistance Program (FHAP) partners may use federal funds to conduct source of income testing to identify discrimination.

Digital Advertising and Fair Housing

• Housing providers must ensure that advertising through digital platforms complies with the Fair Housing Act.
• Best practices include:
  • Using non-discriminatory language
  • Avoiding prohibited targeting
  • Training marketing teams on fair housing principles
  • Ensuring artificial intelligence tools are programmed to align with fair housing standards

Rulemaking

• The Commission has already revised rules related to education providers and instructors, firm licensing, and the delivery of documents.  Check out the revisions here: https://www.ncrec.gov/Pdfs/Rules/ApprovedRulesJuly2025.pdf
• In 2026 the Commission will be considering a small renewal fee increase, along with rules regarding brokers-in-charge and advertising.  The Commission wants to know your opinion on all proposed changes.  Sign up for updates and make your voice heard here:  https://www.ncrec.gov/Home/Subscribe
• Happy New Year to all of our licensees and educators from the Commission and its staff!