Dee Bigelow, Information Officer, spoke at the Coldwell Banker Sea Coast Advantage Meeting on August 11.
Miriam Baer, Executive Director, spoke at the Compass Real Estate – North Carolina Sales Meeting on August 17.
Sheryl Graham, Consumer Protection Officer, spoke at the REMax Master Key Meeting on August 31.
On August 12, 2021, the U.S. Department of Housing and Urban Development (HUD) and the Federal Housing Finance Agency (FHFA) entered into a first-of-its-kind collaborative agreement regarding fair housing and fair lending coordination. Under the Memorandum of Understanding, the two agencies will focus on enhancing their enforcement of the Fair Housing Act, and their oversight of Fannie Mae, Freddie Mac and the Federal Home Loan Banks.
The Memorandum of Understanding (MOU) strengthens both agencies’ ability to enforce fair housing and fair lending requirements, by promoting information sharing, coordination on investigations, compliance reviews, and the ongoing monitoring of Fannie Mae and Freddie Mac. The agencies anticipate that the MOU will lead to stronger oversight that will help advance vigorous fair housing enforcement that can begin to redress our nation’s history of discriminatory housing practices.
The Department of Housing and Urban Development’s mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. More information about HUD and its programs is available at www.hud.gov and http://espanol.hud.gov.
The Federal Housing Finance Agency regulates Fannie Mae, Freddie Mac and the 11 Federal Home Loan Banks. These government-sponsored enterprises provide more than $7.2 trillion in funding for the U.S. mortgage markets and financial institutions. Additional information is available at www.FHFA.gov.
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 airport overlay district which required written disclosure to prospective buyers. Ms. Draughn failed to provide any written disclosure as required.
GREGORY BRAXTON GARRETT (WINSTON-SALEM) – By Consent, the Commission suspended the broker license of Mr. Garrett for a period of 12 months effective July 1, 2021. The Commission then stayed the suspension in its entirety. The Commission found that Mr. Garrett was affiliated with a listing firm and was BIC of a land development firm which had received letters from the city’s Planning & Development Department indicating that the land development firm’s planned subdivision was located in an airport overlay district which required written disclosure to prospective buyers. Mr. Garrett failed to provide the required written disclosure to at least three of the final six buyers in the subdivision.
CORTNEY LEIGH GRIFFIN (CORNELIUS) – By Consent, the Commission suspended the broker license of Ms. Griffin for a period of 9 months effective July 15, 2021. The Commission then stayed the suspension in its entirety. The Commission found that Ms. Griffin listed her personally owned residential condominium unit which went under contract on November 23, 2020. On November 24, 2020, Ms. Griffin was notified of a proposed special assessment for exterior repairs and a 25% dues increase due to an underfunded HOA. Ms. Griffin failed to disclose the information to the buyer until December 8, 2020, after the buyer had paid a due diligence fee, earnest money deposit, and incurred home inspection and appraisal costs. The buyer terminated after learning of the HOA assessment and dues increase.
DAWN H HALL (WINSTON-SALEM) – By Consent, the Commission reprimanded Ms. Hall effective July 1, 2021. The Commission found that Ms. Hall, served as BIC of a listing firm which, through its QB, received letters from the city’s Planning & Development Department indicating that the it’s a related entity’s planned subdivision was located in an airport overlay district which required written disclosure to prospective buyers. Ms. Hall failed to provide the required written disclosure to at least three of the final six buyers in the subdivision.
CHRISTOPHER HOLT JACKSON (GREENSBORO) – By Consent, the Commission suspended the broker license of Mr. Jackson for a period of three years effective July 1, 2021. The Commission then stayed the suspension in its entirety on the condition that he be ineligible to act as or become a BIC for a period of five years. The Commission found that Mr. Jackson timely self-reported that he pled guilty in September 2020 to a felony count of Assault with a Deadly Weapon with Intent to Kill. The conviction stemmed from an October 2019 driving incident during which Mr. Jackson, attempted to pass another vehicle, which struck Mr. Jackson’s mirror. Mr. Jackson, believing the other driver was attempting to run him off the road, responded by firing a handgun, striking the other vehicle. He received a sentence of 24-41 months, suspended, and was placed on 30 months supervised probation. He was also ordered to pay $622.50 in court fines and costs, and ordered to complete 50 hours of community service.
IAN KIEL MCADAM (GREENVILLE) – By Consent, the Commission suspended the broker license of Mr. McAdam for a period of 24 months effective July 1, 2021. The Commission then stayed the suspension in its entirety. The Commission found that Mr. McAdam, acting as the QB and BIC of a firm, failed to properly account for trust money resulting in a shortage in Mr. McAdams’ trust account. Mr. McAdam funded the shortage following the Commission’s audit. For one landlord-client, Mr. McAdam advertised rental properties under a firm name that is not licensed and did not deposit rental proceeds for that landlord-client in a trust account.
MCADAM REALTY LLC (GREENVILLE) – By Consent, the Commission suspended the broker license of McAdam Realty LLC for a period of 24 months effective July 1, 2021. The Commission then stayed the suspension in its entirety. The Commission found that McAdam Realty LLC, failed to properly account for trust money resulting in a shortage in its trust account. McAdam Realty LLC funded the shortage following the Commission’s audit. For one landlord-client, McAdam Realty LLC advertised rental properties under a firm name that is not licensed and did not deposit rental proceeds for that landlord-client in a trust account.
CHRISTINA COX MILES (WINSTON-SALEM) – By Consent, the Commission reprimanded Ms. Miles effective July 1, 2021. The Commission found that Ms. Miles was the onsite agent for a listing firm which had received letters from the city’s Planning & Development Department indicating that a related entity’s planned subdivision was located in an airport overlay district which required written disclosure to prospective buyers. Ms. Miles failed to provide any written disclosure as required.
RIVERBEND REALTY (LAKE LURE) – The Commission accepted the voluntary surrender of the broker license of Riverbend Realty effective July 14, 2021. The Commission dismissed without prejudice allegations that Riverbend Realty violated provisions of the Real Estate License Law and Commission rules. Riverbend Realty neither admitted nor denied misconduct.
JOHN NATHAN TABOR (WINSTON-SALEM) –Following a hearing, the Commission permanently revoked the broker license of Jonathan Tabor effective May 11, 2021. The Commission found that Mr. Tabor conducted brokerage activities prior to his licensure as a real estate broker by entering into a Finder’s Fee Agreement which called for his unlicensed company to receive a referral fee from a seller of a large portfolio of properties as consideration for referring a buyer to the seller. Following his licensure, Mr. Tabor continued to pursue payment of the referral fee for his unlicensed company, including placing a lien on the seller’s properties to prevent the sale of those properties without the unlicensed company first receiving compensation.
MARY W TATUM (CHAPEL HILL) – By Consent, the Commission reprimanded Ms. Tatum effective July 1, 2021. The Commission found that in February 2020, Ms. Tatum listed a property and, on the RPOADS, Ms. Tatum’s seller-client checked “no” on question #8 regarding plumbing problems and indicated that the pipes were plastic. Ms. Tatum, however, indicated in the agent remarks of the MLS that the “master bath Jacuzzi is non-functional.” A buyer contracted to buy the property and obtained a home inspection which revealed water in the crawl space, rotten siding, electrical problems, polybutylene (“PB”) pipes, and other issues. Ms. Tatum’s seller-client then emailed her explaining that there was a leak under the master tub in 2014 and the pipes were capped which Ms. Tatum immediately forwarded to the agent for Buyer #1. Due to health, travel, and pandemic-related issues, Ms. Tatum was not able to meet with her clients to fully discuss Buyer #1’s inspection report or request for repairs before Buyer #1 elected to terminate its contract but the sellers employed service personnel to address the water under and around the house, the siding, the electrical issues and other repairs. Buyer #1 did not request any repair to the tub or pipes. The buyer released the inspection report to Ms. Tatum who re-activated the listing in the MLS but failed to have her seller-client update the RPOADS, or otherwise disclose the PB pipes or the defects revealed in the first buyer’s home inspection report. In April, 2020, Buyer #2 contracted to buy the property and ordered a home inspection which revealed some of the same defects as the first including the PB pipes and no water to the master tub. Buyer #2 subsequently terminated his contract. Ms. Tatum’s seller-client revised the RPOADS to indicate PB pipes and that the non-functional tub was being repaired. Shortly thereafter, the property was sold to Buyer #3 who accepted the property with PB pipes and declined to have any repairs made to the tub in exchange for other concessions.
WENDY TAYLOR (WINSTON-SALEM) – By Consent, the Commission reprimanded Ms. Taylor effective July 1, 2021. The Commission found that in March 2019, Ms. Taylor acted as listing agent for residential property. The seller informed Ms. Taylor that she had applied DRYLOCK to the basement walls but did not tell her that the basement walls had a history of leaking water, and the seller indicated “no” on the RPOADS in response to the question asking whether there were any problems or defects in the property’s foundation. The property went under contract and the buyer’s home inspection determined that previously patched cracks in the basement walls had reappeared, and that the reappearance of the cracks was due to hydrostatic pressure on the outside of the walls pushing the walls inward. The inspector recommended that the basement walls be examined by a professional engineer and repairs made, if necessary. A radon inspection ordered by the buyer also indicated that the radon levels averaged 8.3 pCi/L well above the recommended 4.0 maximum. After receiving the first buyer’s home inspection report, Ms. Taylor discussed the report with her seller-client who declined to hire anyone to inspect the basement walls but had a radon mitigation system installed. No subsequent radon test was performed to confirm the radon levels had lowered. After the first buyer terminated the contract, Ms. Taylor put the property back on the market without advising her seller-client to revise the RPOADS and without otherwise disclosing the information from the previous home inspection or radon inspection.
Appearances
Nick Smith, Consumer Protection Officer, spoke at the EXIT Realty Preferred Triangle Sales Meeting on July 14.
Jean Hobbs, Auditor/Investigator, and Danielle Alston, Consumer Protection Auditor, spoke at the Barker Realty Meeting on July 15.
Steve Fussell, Chief Consumer Protection Officer, spoke at the Allen Tate Company Meeting on July 20.
Sheryl Graham, Consumer Protection Officer, spoke at the REMax Master Key Meeting on July 22.
Updates
Nicole Bills has been named Executive Assistant.
Andrew Cox has been named Education Program Specialist.
Bryan Dowdy has been named License Application Specialist.
Beth McGonigle has been named Education Content Officer.
Allison Anderson has been named License Specialist.
Dee Bigelow has been named Information Officer.
Joshua Oglesbee has been named Software Developer.
A listing agent listed a residential property and hired a vendor to measure the house and calculate its square footage. The vendor reported 1,811.6 sq.ft. on the first floor and 1,607.2 sq.ft. on the second floor for a total of 3,419 sq.ft. of heated living area. In a separate category labeled “Non-living Area,” the vendor indicated there was an additional 1,294.4 sq.ft. of “Partially Finished Area (below grade).” This was an area in the basement that had a fireplace, but no permanent heat source. The listing agent included the unheated basement area as “Living Area Below Grade” in the MLS system and represented a total of 4,713 sq.ft. of heated living area instead of 3,419 sq.ft., an overstatement of 38%.
A buyer contracted to buy the property and paid a $1,000 due diligence fee and $4,000 earnest money deposit. The buyer then ordered a battery of inspections costing $910. When the buyer’s home inspector reported that the basement had no permanent heat source, the buyer asked for a price reduction. The seller refused to reduce the sales price. The buyer terminated his contract and requested refunds of the $1,000 due diligence fee, the $4,000 earnest money and reimbursement for the $910 in inspection costs. The seller agreed to release the earnest money, but refused to refund the due diligence fee or reimburse the buyer for the inspections.
The violations by the listing agent included N.C.G.S. § 93A-6(a)(1) – misrepresentation of material fact, (3) – false advertising, and (8) – being unworthy or incompetent to act in a manner which protects the public. The listing agent entered into a Consent Order with the Commission in which she agreed to complete additional real estate education and received a stayed suspension.
The listing agent did some things correctly. When advertising square footage, a licensee should verify the accuracy of the advertised square footage figure by measuring and calculating the square footage or by hiring a qualified professional to do so. The listing agent hired a qualified professional to measure but then failed to accurately report those measurements. Pursuant to the Commission’s Residential Square Footage Guidelines, a licensee should refrain from including in the heated living area any space that is not finished consistent with the main living area of the house and/or is not heated for year-round living. If a licensee has questions about how to report square footage, licensees are encouraged to consult their broker-in-charge or call to speak with a Regulatory Affairs Division Information Officer at 919-719-9180.
If you have already begun using the Commission’s new Working With Real Estate Agents Disclosure, keep up the good work! If you have not begun using the new WWREA Disclosure, now is the time! Effective July 1st, you must begin reviewing the new form with all prospective commercial and residential buyers and sellers at first substantial contact.
The new disclosure form is available on the Commission’s website (ncrec.gov) under “PUBLICATIONS.” Click on “Publications” and then “Disclosure Forms.” We recommend that you give every prospective buyer and seller a copy of (or a link to) the new “Questions and Answers on: WORKING WITH Real ESTATE AGENTS” brochure as a supplement to answer questions commonly asked by buyers and sellers
On April 26, 2021, the Commission hosted a 60-minute webinar introducing these two new publications. A recording of the webinar is available for viewing on the Commission’s website. The new WWREA Disclosure will be discussed in the 2021-2022 GENUP and BICUP courses. Aside from the introduction of these new publications, there has been no change to the rule which requires agency disclosure (A .0104(c)) and no change in the types of agency relationships that brokers may offer. The only change is in the form that brokers use to explain agency relationships.
Fred Moreno, Chief Deputy Legal Counsel, spoke at the Mobile Monday Session on June 7.
Miriam Baer, Executive Director, and Janet Thoren, Director of Regulatory Affairs, spoke at the NC Realtors’ BIC Talks Session on June 23.
Debbie Morrisette, a real estate broker with the Morrisette Group in North Carolina, thought she had followed all the safety protocols prior to showing properties to a potential buyer. She first met with the buyer—a man in his 20s—in a conference room at her brokerage, screened his interest in properties and asked a lot of questions about his background. The only thing she now regrets is not trusting her instinct as she approached the home’s front door alone to show him the home.
“Everything changed the minute I opened the door,” Morrisette said as she recalled that day two years ago while speaking to attendees during a recent REALTOR® Safety Program webinar, “Prospect or Predator?” “I had this feeling that I just knew I was in trouble.”
The man was hesitant to move throughout the house once inside and not touring the home as freely as other buyers usually did. Morrisette tried to not get trapped in a room by making him lead. But after about 10 minutes into the tour, he grabbed her arm, admitted he had lied about his name and what he does, and proceeded to ask her uncomfortable, inappropriate questions.
“I knew this was fight or flight—it was one or the other,” Morrisette recalled. She was able to escape through a sliding glass door and run to a neighbor’s house to call the police. The man was arrested the next day. But that day still haunts her. Morrisette has been in the real estate business for 17 years. “I’ve always been such a trusting person and always love what I do and meeting new people,” she said. “I couldn’t fathom that anyone would want to harm another human being … and to come up with all these lies and take so much time to cook up a situation to intimidate someone else.”
Two years later, she still won’t do a showing by herself.
Nearly a quarter of REALTORS® say they’ve experienced a situation that made them fear for their personal safety or the safety of their personal information, according to the National Association of REALTORS®’ 2020 Member Safety Report, conducted by the National Association of REALTORS®. The top agent fears centered around conducting open houses and showings as well as meeting new clients at a secluded property.
“These are not opportunistic crimes—although many people assume that they are,” said Lee Goldstein, CEO at Real Safe Agent, who also spoke during the REALTOR® safety webinar. Most of the crimes committed against real estate professionals are predatory in nature, said Goldstein. The perpetrator tends to have a motive of wanting power or control over their victim, not burglary or theft. In these crimes, predators search for some perceived weakness or vulnerability in their victims and have the intent of committing crimes like assault, rape, and murder. These criminals are drawn to real estate professionals because they know they tend to work alone and they believe they have a better chance of isolating you, he said.
Goldstein walked webinar attendees through the timeline of predatory crimes, which revealed a lengthy cycle of “victim shopping” and investing time in preparatory actions that lead to meeting the victim and the actual crime. At first, the predators will focus on photographs, websites, and social media channels to compile personal information about their potential victim. Once they’ve researched their victim, they’ll insert that victim’s actual life into what Goldstein called a “fantasy stage” as they visualize their crime.
“The more information and subservient you are, and the more you provide them on social media, the more likely they are to stay focused on you and not to move on to someone else,” Goldstein said. For example, David Legaz, a real estate broker and 2021 president of the New York State Association of REALTORS®, advised attendees to watch the photos they use and always ensure they’re professional. Avoid full body photos, use headshots at or above the shoulders, and avoid showing any flashy jewelry. Have a professional smile with eyes fully open and look directly into the camera–no head tilts, which can show vulnerability, Legaz said.
As part of the predatory crime timeline, predators will try to arrange for a meeting to get you isolated from others. This meeting is your first opportunity to show your strength, as they’ll be looking for weakness or vulnerability. Have an empowered greeting. Arrive at the property early and from the front porch step, for example, reach down to greet them—a nonverbal gesture to show empowerment. Set expectations (e.g., “We will be spending no more than 15 minutes at the showing as the sellers will be returning at 5:45 p.m.”), Legaz added.
Predators tend to pay careful attention to “stage setting” for their crimes, Goldstein said. They will try to isolate you in places away from people and exits, like in bathrooms, basements, or attics. Always walk behind prospect: “Direct them—don’t lead them,” Legaz said.
Watch for these common attack scenarios, Goldstein said:
To prevent an attack, Goldstein urged real estate professionals to use active listening during the initial meetings. Focus on the prospect and ask open-ended questions to help pinpoint any potential red flags. For example, look for inconsistencies in their story (for Morrisette, the man she met with said he earned $25 million last year from his company, yet his car didn’t match up to that wealth). Ask questions follow-up questions, and be skeptical of any stumbles or discrepancies in their story.
Trust your instinct. Many victims say they had “a feeling that something just wasn’t right,” when asked to recall the situation afterward, Legaz said. “Don’t discount that feeling, whether it’s a strange feeling after the initial call, while at the front door, or as you approach a home. … Your body is trying to warn you. If you have that feeling—exit. Stop the appointment. Tell them your family just called and there’s an emergency.”
Bring a coworker, family member, or friend with you to showings as much as possible, particularly in these situations, Legaz said:
Always keep personal safety at the forefront of your day-to-day activities, said Carl Carter Jr., a real estate professional and founder of the Beverly Carter Foundation, who also spoke during the webinar. Carter’s mother Beverly Carter, a real estate pro in Little Rock, Ark., was kidnapped while showing a property to a man and woman who were posing as home buyers in September 2014. After a nationwide search, she was found dead days later. “In reliving the horror, I tell my mother’s story because I hope you will listen,” Carter said. “We’re all working so hard that it can be easy to lose sight that there is bad that walks among us.”
Reprinted from REALTOR® Magazine by permission of the National Association of REALTORS®. Copyright April 30, 2021. All rights reserved.
https://magazine.realtor/well-being/safety/article/2021/04/everything-changed-the-minute-i-opened-the-door?AdobeAnalytics=ed_rid%3D6759234%26om_mid%3D4534%7CMembersEdgeNews_2021_05_06_Brokers%26om_ntype%3DMEMBER%27S%20EDGE%20%28news%29
BY RICHARD S. POE
PARTNER, LANCASTER, TROTTER AND POE, PLLC
From Insight Magazine, a publication of NC REALTORS®
The following is a fictional (but very plausible) conversation between Betty Broker and Larry Lawyer:
BETTY: Hello, Larry. This is Betty. I hope your New Year is going well, and you and your family are dodging COVID so far.
LARRY: Thanks, Betty! How can I help you today?
BETTY: Well, I have a closing coming up with you in a few weeks in which I am the listing agent for Manuel and Consuela Ramirez, a lovely couple from Ecuador. They plan to return to Ecuador after selling their home here, and a friend recently told them that part of the sales price might be withheld from them at the closing. Why would that be?
LARRY: Well, Betty, there is a law known as the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA). In certain circumstances, a settlement agent is required to withhold a portion of the sales price from the seller at closing if the seller is not a U.S. citizen. There are many possible scenarios and many exceptions to the general rule, but it might be required.
BETTY: How do my folks find out if there will be withholding on their transaction?
LARRY: I am not a tax lawyer, so the Buyer and the Seller in this situation should be advised to seek tax advice from a qualified tax professional. However, here are several basic rules:
BETTY: Well, my sellers do not have green cards, and the house is selling for $500,000, so does that mean they will not get part of their proceeds following closing?
LARRY: Probably so, unless they qualify for a Withholding Certificate for some reason. But even if they do qualify, it’s unlikely the IRS would issue a Certificate in time for a closing in a few weeks. So, in all likelihood, I am going to have to withhold 10% (or $50,000) of the purchase price from the sellers’ proceeds and send it to the IRS. Once the sellers file the last tax return they are required to fi le, my understanding is they can apply for a refund of any of the withheld amount that exceeds their final tax liability.
BETTY: Wow! So, what do I need to put on my checklist so I adequately warn my clients in the future?
LARRY: Here are the questions that you need to know the answers to every time:
BETTY: Thanks for the heads up. This is definitely going on my checklist. Is the anything else I should know?
LARRY: Just a couple of things to keep in mind:
Have a great 2021, and stay safe and well!!!
At its June 16, 2021 meeting, the Commission awarded the Allan R. Dameron Legal Internship Award to Amelia Poore. This annual award is given in honor and memory of Allan Dameron who served on the Commission for nearly eight years beginning in 1999, including two terms as Chairman. Mr. Dameron was also a former Dean of the REALTOR Institute, and past president of the North Carolina Real Estate Education Foundation.
Each year, the award is given to a North Carolina law student who has demonstrated an interest in public service and in real estate. Amelia is a rising third year law student at Campbell University Law School where she works with the Stubbs Bankruptcy Clinic and in the law library. Prior to law school, Amelia was an elementary school teacher and, while teaching, also earned her Master’s degree in elementary education and teaching from Meredith College. She is also a graduate of Wofford College in Spartanburg, South Carolina, where she received her Bachelor of Arts degree in English.