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Commission Presentations
Janet Thoren, Director of Regulatory Affairs, spoke at Canopy REALTOR® Association on February 6th.
Bryan Boyd, Deputy Legal Counsel, Beau Minnick, Consumer Protection Officer, and Bruce Rinne, Information Officer, spoke at Allen Tate Glenwood on February 11th.
Brian Heath, Consumer Protection Officer, and Jean Hobbs, Auditor/Investigator, spoke at the North Carolina Property Management Conference on February 26th and February 27th.
March 2025 Presentations
*These presentations are subject to change due to the availability of Commission members and/or staff.*
Lyndi James, Auditor, will speak at Onecom Properties LLC on March 3rd.
Christy Evans, Consumer Protection Officer, will speak at Coldwell Banker HPW on March 4th.
Miriam Baer, Executive Director, will speak at Durham Regional Association of REALTORS® on March 4th.
Jean Hobbs, Auditor/Investigator, will speak at PROACTIVE Real Estate on March 13th.
Kristen Fetter, Assistant Director of Regulatory Affairs, will speak at United Real Estate – Queen City on March 13th.
Bruce Rinne, Information Officer, will speak at Lake Norman Realty on March 19th.
Bruce Rinne, Information Officer, will speak at Home Towne Realty on March 27th.
Diversity, Equity, and Inclusion Article: Fair Housing Symposium
The North Carolina Real Estate Commission, in collaboration with other state and federal agencies, is hosting a Fair Housing Symposium.
As real estate professionals you must stay informed and up to date with the laws that govern your professional duties and obligations. The Fair Housing Act of 1968 is one of the most important pieces of housing regulation in United States history., Although this law is approaching its 57th anniversary it is constantly evolving with the times. If you are a real estate broker you do not want to miss this opportunity to hear directly from fair housing experts about the emerging fair housing trends, comprehensively explore fair housing laws, and learn more about best practices as a practitioner. Real estate brokers will earn 4 hours of CE credit. Registration is limited to the first 75 registrants, so register here today.
Case Study: Expired License
FACTS: A non-provisional broker completed the General Update Course and an approved CE elective prior to June 10, 2024. However, the broker failed to renew their real estate license by June 30, 2024.
On July 7, 2024, the non-provisional broker continued to work all their pending transactions, including a residential transaction that was scheduled for settlement on July 15, 2024.
ISSUE: Is it permissible for the non-provisional broker to complete their pending transaction if they did not renew their real estate license?
ANALYSIS: No. A broker who fails to renew their license by June 30 is not permitted to engage in any brokerage activities beginning July 1. In this scenario, the broker timely completed 8-hours of CE pursuant to Rule 58A .1702 based upon their license status. However, they did not renew their license between May 15-June 30th. A non-provisional broker has an active real estate license when they timely complete the appropriate CE pursuant to their license status by June 10th and renew their real estate license between May 15-June 30th of each license year.
Therefore, the non-provisional broker in this scenario is not permitted to engage in any brokerage activities, including attending the closing for the buyer client’s transaction on July 15, 2024. While a broker whose license expires can be paid for work performed while their license was active, they cannot continue providing brokerage services once it expires. EWven if the transaction was pending before the non-provisional broker’s license expired, the BIC of the brokerage would need to send another affiliated broker to represent the company’s client for the closing on July 15, 2024.
Moreover, the non-provisional broker is not permitted to resume brokerage activities until their license is reinstated back on active status and affiliated with a BIC. Additionally, a BIC is responsible for supervising all affiliated brokers at the office and ensuring they have complied with requirements for renewing their license and maintaining an active license. A broker cannot engage in brokerage activities with an expired license.
RESOURCES: N.C.G.S. § 93A-6(a)(10) and N.C.G.S. § 93A-6(a)(15)
License Law and Commission Rules: 58A .0503 and .0504
Articles: “Can I Get Paid” and “My license has expired! How do I reinstate it?”
QUICK TIPS FROM THE EDUCATION AND LICENSING DIVISION
“Renewal is coming! Please login to your account and make sure we have a valid email address for you.”
-Brenda H, License Services Officer
“The 12-hour Broker-in-Charge Course is NOT an Update Course.”
-April C, Logistics and Program Manager
“Check your License Record to ensure your CE is posted and up to date.” –
-Deb C, Education and Examination Officer
“The Commission’s 12-hour BIC Course does NOT make you a BIC.”
-Anonymous
“Postlicensing does NOT count towards your CE requirement.”
– Andrew C, Education Officer
Sellers’ Obligation to Disclose Latent Defects: Legal Liability and the Role of Brokers
In May 2024, the North Carolina Residential Property Owners’ Association Disclosure Statement (RPOADS) was revised to include the following statement under the General Instructions on Page 1:
This statement emphasizes and clarifies the sellers’ long-standing responsibility to disclose latent (hidden) defects in real estate transactions when the seller is aware of the defect, and it is not reasonably discoverable by the buyer. The statement also highlights the potential consequences sellers face if they fail to disclose known material defects. While the revision clarifies disclosure requirements, it does not introduce new legal obligations. North Carolina law has long held that sellers may be liable if they knowingly withhold or misrepresent material latent defects. However, to be held liable, it must be proven that the:
- seller had actual knowledge of the latent defect, and
- seller intentionally misrepresented or failed to disclose the defect.
The following two court cases are significant in reinforcing that sellers may be civilly liable for the nondisclosure of known material defects that a diligent buyer was unable to discover:
- Everts vs. Parkinson (NC Court of Appeals, 2001); and
- Cummings v. Carroll (NC Supreme Court, 2021).
The Role of Brokers: Open and Honest Communication
Because latent defects are hidden, brokers may not have firsthand knowledge of them. This makes open and honest communication between brokers and sellers essential. Sellers must be forthcoming about any known but hidden issues, as brokers rely on the seller’s disclosures to provide accurate information to buyers. If a seller intentionally withholds a known hidden defect, they risk liability, which could have serious legal and financial consequences.
Brokers, in turn, should help sellers understand the potential risks of failing to disclose hidden defects. This includes educating sellers about how nondisclosure could lead to legal action. As always, brokers should direct sellers to the seller’s attorney for specific legal advice.
Conclusion The revision to the General Instructions on the RPOADS serves as a critical reminder that sellers in North Carolina can be held liable for failing to disclose latent defects. If a seller knowingly hides a defect, they may face legal consequences. Given the hidden nature of these defects, brokers should facilitate transparent discussions with sellers to help ensure compliance with disclosure requirements. This protects not only buyers but also sellers from potential legal claims, reinforcing trust and integrity in real estate transactions.
Reminder: Complete Your CE by June 10 and Only NC-Approved CE Counts!
The deadline to complete your Continuing Education (CE) for this license year is fast approaching! All North Carolina real estate brokers who have previously renewed their license must complete their required CE by June 10 and renew their license by June 30 to maintain an active license.
To meet this requirement, you must complete the General Update (GENUP) or Broker-in-Charge Update (BICUP), depending on your license status, and an approved NC real estate elective course.
Only Approved Courses Count!
Only CE courses approved by the North Carolina Real Estate Commission (NCREC) will count toward your license renewal. CE taken for other professional licenses (such as appraisal, general contracting, etc.) does not satisfy your NC real estate CE requirements unless the course is also approved by the NCREC. Additionally, CE completed for a real estate license in another state will not count unless it has also been specifically approved as North Carolina real estate CE. You can search for approved courses on our website.
To Search for In-Person and Synchronous (Live-Online) CE Courses:
- Visit www.ncrec.gov.
- Click on the Education menu.
- Select Search CE Course Schedules.
- Click on Search Providers to see a full list of scheduled courses.
You can refine your search by provider, instructor, or city. Contact the education provider directly to register.
To Search for Distance (Self-Paced Online) CE Elective Courses:
- Visit www.ncrec.gov.
- Click on the Education menu.
- Select List of Distance CE Providers.
This will display a list of providers offering self-paced online elective courses. Contact the provider directly to register.
Act Now!
Please do not wait until the last minute! Go ahead and take care of your education requirements now, so you are not scrambling to find an open class or get delayed by some unexpected life event and miss the deadline. More importantly, it is better to arm yourself as soon as possible with the education and knowledge you need to better serve your clients now and in the future.
For more information, visit the Commission’s website at www.ncrec.gov.
Reminder: 2023 Rule Change to Keep in Mind for This CE Season
As this year’s continuing education (CE) deadline of June 10th approaches, North Carolina brokers should remember the important rule change that took effect on July 1, 2023. This update impacted how brokers fulfill their CE requirements and maintain an active license.
No More Equivalent Credit for Most Brokers
In the past, brokers could request CE credit for a non-NCREC-approved course by submitting a fee, course outline, and completion certificate. However, as of July 1, 2023, this option was eliminated for all brokers—except for instructors who authored or taught a course.
What You Need to Know:
- If a course is not currently NCREC-approved, it will not count for CE credit.
- Brokers who previously relied on equivalent credit must complete the required Update course (General or Broker-in-Charge) and an approved North Carolina elective before the June 10th deadline.
- Out-of-state brokers must take North Carolina CE as described here. Courses are available online.
This change ensured that all brokers completed state-approved courses while also eliminating extra fees brokers had to pay when submitting non-approved coursework.
Stay on Track: Complete Your CE by June 10th
To remain compliant and ensure license renewal, brokers should plan ahead to complete their Update course and an approved elective before the June 10th deadline.
For questions or to verify approved CE courses, visit the NCREC website.
Brokers: North Carolina Continuing Education Requirements Update
Video Link: https://youtu.be/6cJk_oJk7Yo
According to Rule 58A .1702, all North Carolina brokers, regardless of residency, must complete eight hours of CE each license year. These eight hours consist of attending a four-hour elective course and either a four-hour General Update (GENUP) or Broker-In-Charge Update (BICUP) course. Brokers designated as Broker-In-Charge (BIC) or BIC-Eligible must specifically attend the BICUP course to meet their CE obligation. All other brokers are required to complete the GENUP course. Brokers licensed before July 1, 2024, must fulfill their CE requirement by June 10, 2025, 11:59 PM EST, to maintain active licensure.
To check your current CE status, visit the Commission’s website and log in to your Licensee account. Navigate to “CE License Information” under Licensing to view your completed Update and Elective hours for the 24-25 License Year. A ‘4’ next to either indicates fulfillment of that requirement; ‘0’ signifies incomplete requirements, necessitating action before the deadline.
Finding CE courses is straightforward. Visit the Commission’s Education tab and select “Search CE Course Schedules” from the dropdown menu. You can specify courses by location, provider, or format (live online or in-person). For GENUP, look for course number 5925 (live online) or 9925 (in-person); for BICUP, use course number 5825 (live online) or 8825 (in-person). Electives are available in various formats including in-person, synchronous online, and self-paced online.
Remember, upon completing each CE course, ensure the provider issues a course completion certificate and reports your completion to the Commission within 7 days. Keep these certificates for your records and verify their posting on your license record. If not posted within 10 days, contact the education provider. Brokers do not need to send their course completion reports to the Commission.
In addition to CE requirements, don’t forget to renew your license between May 15th and June 30th. While CE completion isn’t required prior to renewal, it must be fulfilled by June 10, 2025, 11:59 PM EST to maintain licensure on active status.
Introducing Alfred: Your AI-Powered Assistant on the North Carolina Real Estate Commission Website
We’re excited to announce a groundbreaking new feature on the North Carolina Real Estate Commission’s website—meet Alfred, our AI-powered chatbot! Alfred is here to make your experience with the Commission faster and more efficient. Whether you’re a broker, a consumer, or just someone looking for reliable information on real estate in North Carolina, Alfred is your go-to resource for accurate, real-time assistance.
Video Link: https://youtu.be/WD9ugjFiBCo