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In Memoriam

Anthony “Tony” Rand, of Fayetteville, State Senator from 1981-1988 and 1995-2009. On February 22, 2005, the Real Estate Commission’s Raleigh office building was dedicated in his honor. https://www.legacy.com/obituaries/charlotte/obituary.aspx?n=anthony-rand&pid=196133096&fhid=10103

Fred Adams Sr., of Willow Spring, a member of the Commission from 1981 to 1983. https://www.everhere.com/us/obituaries/nc/willow-spring/fred-adams-sr-10734437

Commission Building Closed; Staff are Available by Phone, Email, and Webform

NC REAL ESTATE COMMISSION BUILDING CURRENTLY CLOSED TO ALL VISITORS; STAFF ARE AVAILABLE BY PHONE, EMAIL, WEB FORMS

The members and staff of the North Carolina Real Estate Commission are concerned about the health and safety of our licensees and the public. For the protection of everyone, effective Monday, March 23, 2020, our building is closed to all visitors. The Commission remains open for business via telephone, email, and at ncrec.gov, including applications, web forms, and more.

Contact us at 919-875-3700, via this website, or by email to the addresses listed below. We’re here to help. If you call and get a voice mail, please leave a message and we will return your call

Main Number – 919-875-3700

Education & Licensing – 919-875-3700; LS@ncrec.gov

Regulatory Affairs – 919-719-9180; RA@ncrec.gov

Administration – admin@ncrec.gov

Executive – exec@ncrec.gov

Extensions of CE and Postlicensing Education Deadlines

Temporary rule 58G .0104, which has been effective since March 26, provides for automatic extensions of time for brokers to complete CE and Postlicensing education.   Following are a few of the most frequently-asked questions regarding extensions.

What is the CE extension deadline?

Answer: September 30, 2020.  The Commission is granting an automatic 90-day extension.  No CE courses may be offered during the June 11-June 30 CE blackout period, so the 90-day extension period will begin on July 1, 2020, and end on September 30, 2020.  

Can a broker take the 2019-20 Update course after June 10, 2020? 

Answer: No.  The 2019-20 GenUp and BICUP courses cannot be offered after June 10, 2020.

What if brokers do not take the 2019-20 Update course by June 10.  How will they make it up?

Answer:  Any broker who does not complete all 8 hours of CE by June 10 will be automatically granted a 90-day extension.  The broker will then take approved elective courses [between July 1-September 30, 2020] to make up missed hours, even if those hours included the Update course. 

What is the Postlicensing extension deadline?

Answer: September 30, 2020.  PBs who have Postlicensing education deadlines between March 26-June 30, 2020, will be granted an automatic extension until September 30, 2020.  

Should brokers renew their licenses even if they don’t complete CE or Postlicensing education?

Answer:  Yes.  Renewal requirements have not changed.  A video that answers FAQs regarding renewal and provides step-by-step renewal instructions is posted in the Commission’s Video Library. 

If you have further questions, please contact the Education and Licensing Division at LS@ncrec.gov or 919.875.3700.

Commission Spotlight: License Specialist

Do you need to update information in your license record? Do you have questions about license renewal or education requirements? If so, you may contact the Commission’s Education and Licensing Division. When you contact that division, your call will be directed to a License Specialist.

License Specialists focus on:

For more information or to ask a question, contact the Education and Licensing Division at LS@ncrec.gov or 919-875-3700.

Call for Nominations: Educational Excellence Awards

The Commission annually gives three awards to licensees for educational endeavors: the Joe Schweidler Memorial Scholarship Award, the Blanton Little Memorial Scholarship Award, and the Phillip T. Fisher Scholarship Award. Schweidler and Little were former Secretary/Treasurers of the NC Real Estate Licensing Board; Fisher is a former Executive Director of the Commission. In the past, these scholarships have been given in the spring, based on performance in specific educational programs during the previous license year. 

Beginning this year, the Commission will accept nominations for these awards.  Criteria for each of the three awards are provided at the end of this article. 

To be considered for one of the awards, an individual must hold a current NC broker license on Active status and submit an application provided on the Commission’s website, including:

  1. a written explanation of the individual’s qualifications for the award (500 words or less);
  2. documentation to demonstrate the individual’s completion of activities and/or education that are required by award criteria; and
  3. two letters of reference/recommendation.

Nominations for all awards will be accepted from May 1–June 30, 2020.  Self-nominations are welcome.  Go to the Commission’s homepage (www.ncrec.gov) to download the Educational Scholarship Nomination Form. 

Commission Staff will evaluate submissions against the written criteria and make recommendations for award recipients to Commission members.  Commission members will make final selections during their meeting on July 15, 2020, and award recipients will be announced at that time. Each award recipient will receive a check for $1000 and a commemorative plaque. 

If you have questions about the awards, send an email to scholarship@ncrec.gov.

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SCHOLARSHIP AWARD CRITERIA

Scholarship #1 – Joe Schweidler Memorial Scholarship Award:  Community-focused Educational Programs

The recipient of this award has invested in the community (in North Carolina) by developing, organizing, and presenting educational opportunities to those people in the community who are not real estate brokers, but who are or may become real estate consumers. This must be an ongoing commitment as evidenced by regularly scheduled educational events (quarterly, for example, over the past 2-3 years) focusing on topics such as:

Scholarship #2 – Blanton Little Memorial Scholarship Award: Peer-focused Educational Programs

The recipient of this award has invested time and energy in elevating the knowledge and skills of other North Carolina brokers. This must be an on-going commitment in which this individual conducts regular training sessions for other brokers in North Carolina through any number of available sites or organizations.  Examples include:

Scholarship #3 – Phillip T. Fisher Scholarship Award: Personal Growth-focused Educational Programs

The recipient of this award has invested time and energy in personal growth through advanced real estate education as evidenced by degree(s) or certifications/designations in various areas of real estate. Over the previous 2 to 3 years, this individual will have attained various different certifications/designations, or an advanced degree in real estate brokerage or a closely related field. Certifications, designations, and/or degree(s) must have been obtained while licensed in North Carolina. Examples include:

Current Stats: Monthly Licensee Count as of May 1, 2020

Call for Nominations: Educational Excellence Awards

The Commission annually gives three awards to licensees for educational endeavors: the Joe Schweidler Memorial Scholarship Award, the Blanton Little Memorial Scholarship Award, and the Phillip T. Fisher Scholarship Award.  Schweidler and Little were former Secretary/Treasurers of the NC Real Estate Licensing Board; Fisher is a former Executive Director of the Commission.  In the past, these scholarships have been given in the spring, based on performance in specific educational programs during the previous license year. 

Beginning this year, the Commission will accept nominations for these awards.  Criteria for each of the three awards are provided at the end of this article. 

To be considered for one of the awards, an individual must hold a current NC broker license on Active status and submit an application provided on the Commission’s website, including:

  1. a written explanation of the individual’s qualifications for the award (500 words or less);
  2. documentation to demonstrate the individual’s completion of activities and/or education that are required by award criteria; and
  3. two letters of reference/recommendation.

Nominations for all awards will be accepted from May 1–June 30, 2020.  Self-nominations are welcome.  Go to the Commission’s homepage (www.ncrec.gov) to download the Educational Scholarship Nomination Form. 

Commission Staff will evaluate submissions against the written criteria and make recommendations for award recipients to Commission members.  Commission members will make final selections during their meeting on July 15, 2020, and award recipients will be announced at that time.   Each award recipient will receive a check for $1000 and a commemorative plaque. 

If you have questions about the awards, send an email to scholarship@ncrec.gov.

——————————————————————————————————————-

SCHOLARSHIP AWARD CRITERIA

Scholarship #1 – Joe Schweidler Memorial Scholarship Award:  Community-focused Educational Programs

The recipient of this award has invested in the community (in North Carolina) by developing, organizing, and presenting educational opportunities to those people in the community who are not real estate brokers, but who are or may become real estate consumers.  This must be an ongoing commitment as evidenced by regularly scheduled educational events (quarterly, for example, over the past 2-3 years) focusing on topics such as:

Scholarship #2 – Blanton Little Memorial Scholarship Award: Peer-focused Educational Programs

The recipient of this award has invested time and energy in elevating the knowledge and skills of other North Carolina brokers.  This must be an on-going commitment in which this individual conducts regular training sessions for other brokers in North Carolina through any number of available sites or organizations.  Examples include:

Scholarship #3 – Phillip T. Fisher Scholarship Award: Personal Growth-focused Educational Programs

The recipient of this award has invested time and energy in personal growth through advanced real estate education as evidenced by degree(s) or certifications/designations in various areas of real estate.  Over the previous 2 to 3 years, this individual will have attained various different certifications/designations, or an advanced degree in real estate brokerage or a closely related field.  Certifications, designations, and/or degree(s) must have been obtained while licensed in North Carolina.   Examples include:

Disciplinary Actions

MOLLY REBEKAH WIGHT (Fayetteville) – By consent, the Commission suspended the broker license of Ms. Wight for a period of 4 months, effective April 1, 2020. The Commission then stayed the suspension period, effective April 1, 2020. The Commission found that in April 2019, Ms. Wight’s buyer-clients informed her that they needed a property that allowed chickens and had no limit on the number of dogs as they had three. The buyers also told Ms. Wight that they wanted to review any HOA restrictions before making an offer. Ms. Wight showed the buyers a property and informed them there were no restrictive covenants and no HOA for the subject property. Ms. Wight never asked the listing agent whether there were any restrictions. In May 2019, the buyers closed on the subject property and signed a document at the closing attorney’s law firm indicating that there was no HOA. As they were moving in, the buyers were informed by a neighbor that chickens were not allowed. The buyers contacted Ms. Wight who said she could not find any restrictions for the property at that time. Later that evening, Ms. Wight called the buyers and found the covenants which prohibited poultry and limited dogs to two.

RHONDA TIBBETTS COPP (Charlotte) – By Consent, the Commission reprimanded Ms. Copp effective May 1, 2020. The Commission found that in June 2017, Ms. Copp listed a commercial property and asked the seller if the property was on a septic or sewer. The seller responded “I never had anything pumped”. Ms. Copp assumed that meant that the property was attached to a city sewer and did not ask the seller any further questions or verify if the property was connected to city sewer. Ms. Copp advertised the subject property on the MLS as being connected to sewer. In April 2018, a buyer entered a contract to buy the subject property for use as a trade school. In July 2019, the buyer began experiencing plumbing issues and was told to check with the city regarding the city sewer system. The buyer called the city and learned the property was not connected to city sewer, but was on a septic system. Ms. Copp has settled with the buyer to the buyer’s satisfaction.

RPMS REALTY GROUP (Charlotte) – By Consent, the Commission reprimanded RPMS Realty Group effective May 1, 2020. The Commission found that in June 2017, RPMS Realty Group listed a commercial property and asked the seller if the property was on a septic or sewer. The seller responded “I never had anything pumped”. RPMS Realty Group assumed that meant that the property was attached to a city sewer and did not ask the seller any further questions or verify if the property was connected to city sewer. RPMS Realty Group advertised the subject property on the MLS as being connected to sewer. In April 2018, a buyer entered a contract to buy the subject property for use as a trade school. In July 2019, the buyer began experiencing plumbing issues and was told to check with the city regarding the city sewer system. The buyer called the city and learned the property was not connected to city sewer, but was on a septic system. RPMS Realty Group has settled with the buyer to the buyer’s satisfaction.

Emergency Rulemaking

By Melissa Vuotto, Paralegal Supervisor

On April 15, 2020, the Commission voted to approve another emergency rule, 21 NCAC 58G .0106, to further address the ongoing public health emergency. On March 26, 2020, two prior emergency rules went into effect: NCAC 58G .0104 and .0105. These two rules required schools and course sponsors to cancel or suspend all in-person courses and provided options for online delivery of courses. The new emergency rule, G .0106, extends restrictions on in-person courses until June 30, 2020, and allows schools, course sponsors, and education providers to offer the Update Course as a synchronous distance-learning course.

“Stop Upsetting My Bid!”

A Regulatory Affairs Case Study

By Shanna Hardy, Consumer Protection Officer

The Complaining Witness in this case was a buyer who was bidding on a judicial sale property (i.e. auction sale).  The Respondent was a broker-in-charge who was bidding on the same property.  The Complaining Witness was represented by a buyer agent.

Before an online auction bid is declared successful or is confirmed, the court places the property in a 10-day “upset bid period,” during which the court waits to see if a higher or better bid is submitted, resulting in an “upset” to the original bid.  In these types of transactions, the bidding continues until all but one party discontinues the submission of bids. A bidder is not permitted to interfere with or intimidate another bidder or to offer to pay another bidder not to bid as this would be considered to be illegal “bid-rigging.” 

In early 2019, the Complaining Witness and the Respondent began bidding on the same property. The bidding went back and forth for weeks.  The Respondent then called the Complaining Witness’ buyer agent and stated, “Tell your client if he is willing to pay me $2000, I’ll make my offer go away.”  The buyer agent informed the Complaining Witness about the Respondent’s offer and recommended against paying the $2000 to the Respondent.

The Complaining Witness called the Respondent directly and recorded the conversation between the two.  The Respondent first claimed that it was his unidentified client who directed him to request the payment but, when the Complaining Witness pressed further, stated that the $2000 was for himself and his business partner.  The Complaining Witness then filed a complaint against the Respondent.

The evidence in this case showed that the Respondent was, in fact, bidding on the property for himself and the business partner was his wife. The Commission found probable cause to have a hearing. but, Prior to the hearing, the Respondent voluntarily surrendered his license.  Had the case proceeded to a hearing, the Commission could have found that the Respondent’s statements to the Complaining Witness constituted a willful misrepresentation of material facts, that his actions were evidence that he was unworthy or incompetent to act as a real estate broker in a manner as to endanger the interest of the public, and/or that he had engaged in conduct that constituted improper, fraudulent, or dishonest dealings in violation of N.C.G.S § 93A-6(a)(1), (8) and/or (10).  While the Respondent was not acting as a broker in this matter, he was still subject to discipline for violating License Law while selling, leasing, or buying his own property under N.C.G.S § 93A-6(b)(3).