The North Carolina Real Estate Commission monitors applicant performance on the license examination and regularly reports this information to schools and instructors. In particular, the Commission uses information about the performance of applicants who are taking the licensing examination for the first time in order to assure that quality instruction is being provided in prelicensing courses by schools and instructors. The most recent performance record for each school can be found on the Commission’s website at http://www.ncrec.gov/Pdfs/Schools/LicExamPerfRep.pdf. The overall examination performance (passing rate) for all first-time candidates taking the comprehensive real estate examination for the license year July 1, 2014 …Read the full article
KIMBERLY E. ABRAHAM (Bradenton, Florida) – By Consent, the Commission reprimanded Ms. Abraham effective August 13, 2014. The Commission found that Ms. Abraham, a North Carolina and Florida real estate broker, voluntarily placed her Florida license on inactive status in or around August 2008; and that despite her Florida license being inactive, beginning in 2009 and continuing through 2013, Ms. Abraham represented to the Commission that she had a current, active out-of-state license on her annual renewal form in order to maintain the active status of her North Carolina license. APS REALTY GROUP INC. (Winston-Salem) – By Consent, the Commission …Read the full article
By Pamela R. Rorie, Continuing Education Officer An eager crowd of real estate instructors, school officials and publisher representatives attended the 2014 Real Estate Educators Conference in Raleigh on March 17-18 at the Hilton North Raleigh/Midtown. The Commission-sponsored meeting drew 170 participants from across the state. Miriam Baer, Commission Executive Director, kicked off the conference with a “Commission Update” in which she gave an overview of the past year’s activities and initiatives accomplished by its staff. Baer noted the new Commission Web site, proposed changes in educational requirements for brokers-in-charge who may now take an elective course as part …Read the full article
NANCY B. BRADY (Pinnacle) – The Commission accepted the voluntary surrender of the broker license of Ms. Brady for a period of five years effective March 19, 2014. The Commission dismissed without prejudice allegations that Ms. Brady violated provisions of the Real Estate Law and Commission rules. Ms. Brady neither admitted nor denied misconduct. MICHAEL KENNETH BROOKS (Charlotte) – By Consent, the Commission revoked the broker license of Mr. Brooks effective March 19, 2014. The Commission found that Mr. Brooks, acting as property manager for clients of his own sole proprietorship, failed to designate himself as broker-in-charge; that Mr. Brooks …Read the full article
ANGELA BENNETT (Asheville) – By Consent, the Commission revoked the broker license of Ms. Bennett effective January 16, 2014. The Commission found that, while working with vendors to make repairs on one or more REO properties held by Fannie Mae and listed by Ms. Bennett, Ms. Bennett requested reimbursement for payments to vendors which she had not made; that in one instance, Ms. Bennett accepted Fannie Mae’s reimbursement of approximately $8,140 for mold remediation on a home after she falsely reported that she had paid the vendor; that, after Ms. Bennett had moved to a new firm, the mold remediation …Read the full article
Following is a summary of proposed rule changes to be effective July 1, 2014: A .0104: Amend paragraph (d) of the rule governing agency agreements and disclosures to prohibit a broker who is also a party to a transaction from representing an opposing party in the same transaction; clarify circumstances under which a listing broker may purchase his/her client’s property. A .0109: Amend the rule governing brokerage fees and compensation to prohibit a broker from accepting compensation from a vendor in exchange for recommending the vendor’s services to a party A .0112: Amend the rule governing offers and sales contracts …Read the full article
Many property owners have video surveillance equipment both inside and outside their properties for both safety and security purposes. Therefore, real estate brokers should be aware of the proper use of video and audio equipment during showings to help buyers and sellers comply with state and federal law. In 2014, the Commission wrote an article entitled “The Use of Audio/Video Equipment During Showings.” The article mentions Federal Statute 18 USC § 2511, which makes it unlawful for anyone to intentionally intercept any wire, oral, or electronic communication. This federal statute also prohibits the interception of oral communication, whether it is …Read the full article
Jeffery J. Malarney of the Outer Banks has been elected as Chair of the North Carolina Real Estate Commission, and T. Anthony Lindsey of Charlotte, as Vice Chair. Their terms will begin August 1, 2023. 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 the founder of Malarney & McCown, 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 …Read the full article
2023 Larry A. Outlaw Excellence in Education Award recipient, Stephanie Walker, with past award recipients (from left to right) George Bell, Kelly Allen, Len Elder, Travis Everette, Mel Black, and Matt Davies. Stephanie Walker of Outer Banks is the 2023 recipient of the Larry A. Outlaw Excellence in Education Award. She is North Carolina Real Estate Commission approved instructor and education provider. An active member of both the North Carolina Real Estate Instructors Association (NCREEA) and the national Real Estate Educators Association (REEA), Walker has attained the REEA Gold Standard Instructor designation. She has been nationally recognized as REEA Educator …Read the full article
MARTIN BIRENBAUM (LAKE LURE) – The Commission accepted the voluntary surrender of the broker license of Mr. Birenbaum effective July 14, 2021. The Commission dismissed without prejudice allegations that Mr. Birenbaum violated provisions of the Real Estate License Law and Commission rules. Mr. Birenbaum neither admitted nor denied misconduct. SARAH M DRAUGHN (WINSTON-SALEM) – By Consent, the Commission reprimanded Ms. Draughn effective July 1, 2021. The Commission found that Ms. Draughn was the onsite agent for a listing firmwhich had received letters from the city’s Planning & Development Department indicating that a related entity’s planned subdivision was located in an …Read the full article