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Tech Corner: Ordering the NC Real Estate Manual

Link: https://youtu.be/UFLSEXyMdjg

Script: This video is a how-to on purchasing the North Carolina Real Estate Manual.

The North Carolina Real Estate Manual is required for post-licensing education courses. You can purchase a digital version for a one-time $25.00 fee for a two-year subscription, or you can purchase a hard copy to be mailed to you for $40.00 plus shipping.

To purchase the digital version of the manual, visit ncrec.gov. Click on the publications tab and click on publications in the drop-down menu. Once you are on the publication page, scroll down to the NC Real Estate Manual Tab. Click on it and click on ‘Register for Digital Subscription’.

Once you are on the registration page, fill out the required fields. You are registering for a digital manual account on this page; this account is not associated with your licensee login. Once you register for an account, you will be prompted to purchase the digital manual for $25.00. Once you have paid for the manual, you will have access.

To access the manual, visit ncrec.gov, click on the publications tab, and then click on publications in the drop-down. Once you are on the publications page, click on NC Real Estate Manual. Click on Access Digital subscription. This will take you to the manual page, click on sign in, in the upper right-hand corner of the page, and enter your login information that you created on the registration page.

NOTE: This is an ONLINE ONLY based product and therefore is not printable or downloadable. Features of the digital publication include: self-check assessments, informative graphics, keyword searches, quick access to Postlicensing course content, and a database of sample contract forms.

To purchase the hard copy of the manual visit ncrec.gov, click on the publication tab, click on publication in the drop down menu. On the publications page click on NC Real Estate Manual, go to Latest Printed Version and click on order here.

Add the manual to your cart then click on cart in the top right hand corner, click on view the full cart.

Click on proceed to check out. Enter the information if you are a new customer. (this means you have not purchased anything previously from our publications website, this login information is not related to your licensee login). Once you login to your publications account or create a new login you can proceed with purchasing the manual.

NOTE: You cannot pick up a manual from the Commission building.

The most up to date version of the North Carolina Real Estate Manual is the 2023 purple cover.

For more information visit the Commission’s website.

2025-2026 Update Courses are HERE!

Starting July 1, 2025, the North Carolina Real Estate Commission’s 2025-2026 General Update (GENUP) and Broker-in-Charge Update (BICUP) courses will be available to all licensees.

Course Topics for 2025-2026

GENUP Course:

BICUP Course:
Includes all GENUP topics plus:

Licensees can find a full list of continuing education (CE) courses statewide on the Commission’s website at www.ncrec.gov under the Education menu. You can search for courses by:

Important Reminders

CE Requirements (Per Rule 58A .1702)

Every license year, all licensees must complete 8 hours of CE to maintain an active license:

Note: BIC-Eligible brokers who take the General Update instead of the BICUP will maintain an active license but lose their BIC/BIC-Eligible status.

Questions? Visit www.ncrec.gov for details about CE requirements.

North Carolina Secretary of State: Sixth Annual Electronic Mortgage Closing Conference

Mark your calendars for the Sixth Annual Electronic Mortgage Closing Conference in downtown Charlotte on Tuesday, August 19, and Wednesday, August 20, 2025. This conference is hosted by the North Carolina Secretary of State’s office. At the conference, you will be able to join industry leaders including E-Technology providers, REALTORS®, closing attorneys, title companies, notaries, and lenders for a dynamic conference filled with networking opportunities and essential training sessions.

Key Highlights:

For more information on registration, sponsorship, or general inquiries, please contact the North Carolina Secretary of State at econf@sosnc.gov.

Fair Housing

The Fair Housing Act is a landmark federal civil rights law that prohibits discrimination in housing-related activities. North Carolina also has a state Fair Housing Act, and some local jurisdictions have fair housing ordinances. The protections provided under state and local fair housing laws cannot reduce the protections under the Federal Fair Housing Act, and often provide additional protections.

The City of Charlotte is one of four local jurisdictions with a fair housing ordinance. During the Commission’s August 18th Fair Housing Symposium, you’ll hear from the Charlotte-Mecklenburg Community Relations office about the City’s Fair Housing Ordinance. Be sure you’re in attendance by registering on the Commission’s website, here.

Click on the links below to learn more about the local fair housing ordinances in North Carolina. 

Reactivating after a CE Deficiency

Link: https://youtu.be/TsFr3LmwfEY

Do you need to reactivate your real estate license?

My license is expired! How do I reinstate it?

To maintain a current license, brokers must renew their license annually between May 15 and June 30. The license of a broker who fails to renew during that period will expire on June 30, and that broker must cease all brokerage activities immediately.   

What steps must a broker take to reinstate an expired license? That answer depends on how long the license has been expired.

To reinstate a license expired for less than 6 months:

  1. Go to the Commission’s homepage (www.ncrec.gov);
  2. Click on Reinstate your License;
  3. Enter your license number and PIN (last 4 of your SSN unless you have changed it);
  4. Answer required questions; and
  5. Pay the $90 reinstatement fee.

NOTE: Following expiration, a broker’s license is reinstated on inactive status. To regain active status, brokers must submit a License Activation / Affiliation form (REC 2.08).

To reinstate a license expired for 6 months but no more than 2 years:

  1. Successfully complete one 30-hour Postlicensing course (course must be completed within 6 months prior to submitting reinstatement application); and
  2. Submit a reinstatement application with the $90 application fee and all required documentation, including criminal background report;

-OR-

  1. Submit a reinstatement application with the $90 application fee and all required documentation, including criminal background report; and
  2. Pass the National and State sections of the license exam.

NOTE: Following expiration, a broker’s license is reinstated on inactive status. To regain active status, brokers must submit a License Activation / Affiliation form (REC 2.08).

To reinstate a license expired for more than 2 years:

  1. Successfully complete the 75-hour NC Broker Prelicensing course;
  2. Submit a license application with the $100 original application fee and all required documentation, including criminal background report; and
  3. Pass the National and State sections of the license exam.

NOTE: You will be licensed as a provisional broker and be subject to the 90-hour Postlicensing education program. To gain active status, you must submit a License Activation / Affiliation form (REC 2.08).

For more information, review Commission Rule 58A .0505 or visit the “Reinstate your License” page on the Commission’s website. You may also contact the Commission’s Education & Licensing Division at ls@ncrec.gov or 919-875-3700.

Reminder: Don’t Rely on the Summary: Read the Email from the Commission

With the growing use of artificial intelligence (AI) in email platforms, you may have noticed a new feature: AI-generated email summaries. These tools are designed to give you a quick snapshot of the message’s content, often displayed as a preview line just below the subject, or as a boxed summary at the top of the email in platforms like Gmail, Outlook, or Apple Mail.

While convenient, these summaries can oversimplify important communications from the North Carolina Real Estate Commission. A message that appears in your inbox as “Reminder from NCREC” might actually contain:

What Brokers Need to Know

AI summaries are sometimes turned on automatically by email providers, and brokers may be unaware that they are only seeing a condensed version of the message. Relying on these summaries alone could result in missing critical details that affect your license status or professional responsibilities.

Best Practices: Stay Informed

As email technology evolves, it’s more important than ever to stay engaged with official communications. The NCREC is committed to keeping you informed. Make sure you’re getting the full message—not just the summary.

Case Study: Trust Money

FACTS:  A broker collected $2,000 in rent for a property they managed for a landlord-client.  Instead of depositing the rent in a trust account, the broker deposited the check into their personal account and then wrote a check to the landlord-client from the personal account. 

ISSUE:  Did the broker fulfill their duties under License Law and Commission rules?

ANALYSIS:  No, the broker did not fulfill their duties.  N.C.G.S. § 93A-6(a)(12) states that the Commission has power to suspend or revoke at any time a license issued under the provisions of this Chapter, or to reprimand or censure any licensee, if, following a hearing, the Commission adjudges the licensee to be guilty of:

(12) Commingling the money or other property of his or her principals with his or her own or failure to maintain and deposit in a trust or escrow account in a bank as provided by subsection (g) of this section all money received by him or her as a real estate licensee acting in that capacity, or an escrow agent, or the custodian or manager of the funds of another person or entity which relate to or concern that person’s or entity’s interest or investment in real property, provided, these accounts shall not bear interest unless the principals authorize in writing the deposit be made in an interest bearing account and also provide for the disbursement of the interest accrued.

Commingling is defined as the illegal practice by a real estate broker of maintaining personal or business funds in the same account with trust funds held for others. The $2,000 rent check received by the broker was deposited in the broker’s personal account. Therefore, the broker commingled their personal funds with money belonging to another person (in this case, the landlord-client) in violation of N.C.G.S. § 93A-6(a)(12).

The broker may have also violated Commission Rule 58A. 0116 which states:

All monies received by a broker acting in his or her fiduciary capacity (hereinafter “trust money”) shall be deposited in a trust or escrow account as defined in Rule .0117(b) of this Section no later than three banking days following the broker’s receipt of such monies.

The broker deposited the rent check in their personal account and not a trust or escrow account as required by the Rule.

To avoid these violations, brokers must deposit all monies received from others into a trust or escrow account. In a sales transaction, trust monies include earnest money deposits, money for maintenance, repairs, or inspections, buyer funds for closing, seller proceeds from closing, and a security deposit or rent for early/late possession of the property.

In a rental transaction, trust monies include tenant security deposits, rent, and application fees.  In addition, for vacation rentals, trust monies include administration fees, travel insurance, and sales tax.

There are several exceptions to the Rule, including funds received by a provisional broker, limited nonresident commercial broker, and funds received with an offer to purchase or rent.

Once trust monies are deposited into a trust or escrow account, a check can be written from the account to the appropriate party.

Brokers-in-charge should ensure that all affiliated brokers are familiar with Commission Rule 58A. 0116.

RESOURCES:

N.C.G.S. § 93A-6(a)(12)

Commission Rule:  58A .0116

Articles: “Avoid These 10 Common Mistakes to Make Trust Account Management Trouble Free”

Navigating Multiple Offers

If you receive more than one offer on a property, i.e., “multiple offers”,  per Commission Rule 58A .0106(c), you must present all offers to the seller as soon as possible, but no later than three days after receipt.

Are Multiple Offers a Material Fact?

Link: https://youtu.be/1PC4uZdsWIo

Script: No. The existence of multiple offers is not considered a material fact and does not have to be disclosed to other brokers and/or their clients. However, if the seller gives consent to the listing agent, they may disclose that multiple offers exist—but in doing so, they have a duty to share the information fairly, equally, and honestly with everyone.

Handling multiple offers on a property can be complex but understanding your responsibilities under Commission rules ensures compliance. The Commission has published a section entitled Contracts in the 2020-2021 Update Course that explains how brokers should navigate a transaction that includes multiple offers. You can review this information here.

If you have additional questions, please visit the Commission’s website at www.ncrec.gov.

THE BROKER’S LEGAL MAP: A GUIDE FOR BROKERS TO NC LAW AND RULES

North Carolina real estate brokers juggle many responsibilities. While you don’t need to be a lawyer to practice real estate, a working knowledge of the statutes and rules that govern your business is essential to keeping your license and your clients’ trust. This guide offers a summary of key laws brokers should be aware of as part of competent practice.

North Carolina Real Estate License Law (Chapter 93A) and Commission Rules (21 NCAC Chapter 58)

The foundation of authority to act as a broker is found in Chapter 93A of the North Carolina General Statutes. Here, you will find broker licensing requirements, the Commission’s disciplinary authority, and the rules governing continuing education, broker-in-charge status, and broker price opinions. If you’re ever unsure where to look, this is a good start. Rules adopted by the Commission under the Administrative Code are found in the North Carolina Administrative Code, 21 NCAC Chapter 58, and cover day-to-day practice, including agency agreements, advertising, delivery of instruments, handling of trust money, disclosures, record retention, and education. Both are available here (See the Commission’s home page for proposed and recent rule changes).

Residential Transactions: Landlord and Tenant Law

North Carolina brokers frequently handle residential leases in addition to sales, and understanding landlord-tenant law is crucial. NCGS § 42 establishes laws relating to the obligations and duties of landlords and tenants and includes the Tenant Security Deposit Act, which mandates the how residential tenant security deposits are to be handled.

Disclosures and Due Diligence

North Carolina law imposes specific disclosure duties on sellers and brokers. Under the Residential Property Disclosure Act, sellers must complete the Residential Property and Owners’ Association Disclosure Statement (RPOADS), and brokers must ensure it is delivered to prospective buyers. Beginning in 2024, sellers are also required to disclose prior flood damage. Brokers facilitating inspections should be aware that only licensed professionals may perform home inspections under the Home Inspector Licensure Act.  

Title, Insurance, and Risk

Title and risk management are integral to every transaction. The Title Insurance Act, regulates entities that issue insurance policies guaranteeing ownership. In transactions with financing, NCGS § 53-244, governs lender obligations in connection with mortgage loan commitments. Additionally, environmentally sensitive properties—particularly those in coastal regions—may be subject to development restrictions under the Coastal Area Management Act (CAMA).

Fair Housing Act

Any conduct by a broker that violates the North Carolina State Fair Housing Act, the Federal Fair Housing Act, or Local Fair Housing Ordinances also constitute a violation of the Real Estate License Law. Brokers must not engage in discriminatory practices in the sale, leasing, or financing of housing.

Administrative Procedures Act

The Administrative Procedures Act establishes the framework by which North Carolina agencies, including the Real Estate Commission, adopt rules and conduct administrative hearings. It ensures separation between investigative, advocacy, and adjudicative functions in agency proceedings and provides due process protections to licensees subject to discipline.

HOAs and COAs

Real estate brokers working with planned communities or condominiums should be aware of the statutory frameworks that govern them. The Planned Community Act applies to most homeowner associations (HOAs) formed after January 1, 1999, while the Condominium Act governs condominiums created on or after October 1, 1986. Many HOAs are organized as nonprofit corporations and thus operate under the North Carolina Nonprofit Corporation Act.

Vacation Rental Act

The growth of the tourism industry in North Carolina led to a greatly expanded market of privately owned residences that are rented to tourists for vacation, leisure, and recreational purposes. Rental transactions conducted by the owners of these residences or licensed real estate brokers acting on their behalf present unique situations not normally found in the rental of primary residences for long terms. The Vacation Rental Act regulates the competing interests of landlords, real estate brokers, and tenants.

Local Ordinances and Rules

While strict adherence to state and federal laws is required, a broker in North Carolina must also pay attention to local ordinances and rules for the area in which their business occurs. Each locality may have different regulations for brokerage and adherence to them is crucial for successful practice.

Conclusion

While you’re not expected to memorize every statute, knowing where to look and what governs your work is part of your responsibility as a broker. When in doubt, consult your broker-in-charge, the Commission’s website, or legal counsel. Knowledge is not only power, it’s also protection.