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Staff Appearances

Jean Hobbs, Auditor/Investigator and Lyndi James, Auditor, spoke at the REMAX Advantage meeting on February 7.

Fred Moreno, Chief Deputy Legal Counsel, and Kristen Fetter, Deputy Legal Counsel, spoke at the Longleaf Pine REALTORS Association meeting on February 21.

Bruce Rinne, Information Officer, spoke at the Greenridge Realty meeting on February 21.

Jean Hobbs, Auditor/Investigator, spoke at the Charlotte NARPM Chapter and Triad NARPM Chapter meeting on February 23.

Diversity, Equity, and Inclusion Updates

International Women’s Day

Each year on March 8 we celebrate International Women’s Day.

International Women’s Day (IWD) is a global holiday that grew out of efforts to promote women’s rights in the early 20th century. On IWD, we celebrate the social, economic, cultural, and political achievements of women. While we recognize, and celebrate, the progression in advancing women’s rights we must also acknowledge that there is still work to do. Everyone everywhere can play a part in continuing to forge women’s equality.

In recognition of IWD, we’d like to highlight some data on women in real estate. According to the National Association of REALTORS (NAR), women have comprised the majority of REALTORS since 1978 and as of 2021, represent 65% of their membership.

Disciplinary Actions

KASSIEM S. CARTER (RALEIGH) – Following a hearing, the Commission permanently revoked the broker license of Carter effective November 29, 2022. The Commission found that, in an unrelated case, Carter consented to the voluntary surrender of his licensed firm’s broker license and the active suspension of his license. Following the license surrender and suspension, Carter knowingly continued conducting property management services through an unlicensed firm and without being designated as, or affiliated with, a broker-in-charge.

BRANDEN BONNETT (CHARLOTTE) – Following a hearing, the Commission permanently revoked the broker license of Bonnett effective December 6, 2022. The Commission found that Bonnett performed brokerage services as a provisional broker while he was unaffiliated, made misrepresentations to clients regarding the status of mortgage loans and contracts, made misrepresentations to brokers regarding the payment of due diligence fees, and forged client signatures on a contract and on addenda.

SANDRA PAGANO (MOREHEAD CITY) – The Commission accepted the voluntary surrender of the broker license of Pagano effective January 19, 2023. The Commission dismissed without prejudice allegations that Pagano violated provisions of the Real Estate License Law and Commission rules. Pagano neither admitted nor denied misconduct.

STEVE SAIEED (GREENVILLE) – The Commission accepted the voluntary surrender of the broker license of Saieed effective February 15, 2023. The Commission dismissed without prejudice allegations that Saieed violated provisions of the Real Estate License Law and Commission rules. Saieed neither admitted nor denied misconduct.

ISAAC TYNDALL (MYRTLE BEACH) – The Commission accepted the voluntary surrender of the broker license of Tyndall effective February 15, 2023. The Commission dismissed without prejudice allegations that Tyndall violated provisions of the Real Estate License Law and Commission rules. Tyndall neither admitted nor denied misconduct.

JUDITH CARVER (ASHEVILLE) – The Commission accepted the voluntary surrender of the broker license of Carver effective February 15, 2023. The Commission dismissed without prejudice allegations that Carver violated provisions of the Real Estate License Law and Commission rules. Carver neither admitted nor denied misconduct.

JAMES EARL RAY FISHER (FAYETTEVILLE) – The Commission accepted the voluntary surrender of the broker license of Fisher effective February 15, 2023. The Commission dismissed without prejudice allegations that Fisher violated provisions of the Real Estate License Law and Commission rules.  Fisher neither admitted nor denied misconduct.

STONE GABLES PROPERTY (FAYETTEVILLE) – By Consent, the Commission reprimanded Stone Gables Property, effective January 19, 2023. The Commission found that in May 2022, Stone Gables Property entered into an exclusive right to sell listing agreement with the sellers of certain real property. The sellers accepted an offer to purchase and contract that required the buyers to remit a due diligence fee. The buyers did not immediately remit this fee. Upon advice from the broker-in-charge and listing agent affiliated with Stone Gables Property, the sellers accepted a second offer to purchase and contract without properly terminating the first contract.

ALEXANDRA REGINA HUNT (CHARLOTTE) – By Consent, the Commission suspended the broker license of Hunt for a period of 12 months, effective February 1, 2023. The Commission found that Hunt acted as the buyer’s agent for an out of state buyer purchasing property sight-unseen. Hunt failed to complete agency agreements with accurate dates and signed the buyer agency agreement after the transaction had closed. Hunt failed to ensure requested repairs were agreed upon in writing and completed. Hunt advertised using a name which is not the broker’s legal name or on file with the Commission. Hunt failed to respond to repeated Letters of Inquiry from Commission staff.

Broker Misconduct, the Root of the Problem

Stephen L. Fussell, Chief CPO

            The Commission’s mission is to protect consumers in real estate transactions. We strive to fulfill that mission with education and enforcement. We educate brokers before they become licensed and throughout their careers. We also educate consumers to enable them to make informed decisions.

            Enforcement occurs when someone files a complaint against a broker. We investigate the complaint to determine whether there is evidence of a violation of the Real Estate License Law by the broker (and/or the broker’s broker-in-charge, aka “BIC”).  If we find such evidence, we determine whether disciplinary action is warranted. Enforcement has several purposes: (1) to educate brokers regarding best practices, (2) to remove or otherwise discipline brokers who are unable or unwilling to comply with the License Law, and (3) to deter other brokers from engaging in improper conduct.

            The Commission’s brochures, eBulletin articles, continuing education courses, and the Issues & Answers Course focus on topics that often generate complaints and lead to disciplinary action, such as the omission or misrepresentation of material facts, trust account violations, conflicts of interest, failure to properly establish agency relationships, etc. However, it seems that, no matter how many times we cover these topics, we continue to get complaints about the same issues. Therefore, this article will take a different approach and examine the root causes of broker misconduct.

1. Dishonesty – any unfair or deceptive act intended to take advantage of another person for personal gain. There is no place for dishonesty in real estate. Consumers must be able to trust brokers and brokers must conduct themselves in a trustworthy manner in order for transactions to go smoothly and to prevent harm to consumers.

Some examples include:

Solution for dishonesty: always act in your client’s best interest, disclose material facts that you know or reasonably should know, and treat others fairly and honestly.

2. Ignorance/Incompetence – a lack of knowledge, skills, and/or understanding of the License Law and the Commission’s rules, resulting in a broker who does not have the required knowledge or skill to achieve the client’s goal.

Some examples include:

Solution for ignorance/incompetence: education and mentoring. Ignorance is no excuse. The Commission offers lots of materials on many topics. If we don’t have information on a particular topic, check with NC Realtors if you are a member and/or search online from reputable sources. Take continuing education courses on the topic or area of practice you wish to pursue. In addition, before attempting to handle a type of property or transaction that is new to you, find someone with experience to mentor you or simply refer the client to an experienced broker in exchange for a referral fee. The goal should always be to achieve the best outcome for your client. In order to ensure competence within a firm, a BIC must establish policies and procedures for training and supervising broker associates, especially provisional brokers.

3. Willful non-compliance – when a broker knows or reasonably should know the Real Estate License Law, the Commission’s rules, and any other law or regulation involving real estate, such as the Vacation Rental Act, Tenant Security Deposit Act, etc., but chooses not comply with the regulation.

Some examples include:

Solution for willful non-compliance: know and comply with the License Law, the Commission’s rules, and other laws and rules affecting your real estate transactions. As a real estate licensee, you are expected to be diligent in understanding and complying with the Real Estate License Law and the Commission’s rules. While the law and rules are designed to protect consumers, following them will also protect you, the broker. When in doubt regarding the meaning of any real estate law or rule, call the Commission for clarification at 919-875-3700 for license issues, or 919-719-9180 for transaction issues. Asking questions before taking action will often yield a better outcome than asking questions after a problem has arisen. As noted above, in order to ensure compliance, a BIC must establish and enforce policies and procedures for training and supervising broker associates, especially provisional brokers.

            All of the examples referenced in this article are taken from actual cases. Any of these examples can lead to disciplinary action. If you see broker misconduct, say something to the broker engaging in the misconduct, or to your BIC, and/or to the other broker’s BIC. Contact the Commission’s Regulatory Affairs Division and/or your local Board of Realtors, if you would like to make a formal complaint.

            Firms or offices sometimes have a difficult time policing themselves and should consider how best to train and support broker associates who are working remotely to use best practices. Company policy manuals should include policies and procedures for identifying and documenting misconduct by brokers affiliated with the firm or office. BICs must be diligent in enforcing company policies as well as ensuring compliance with the License Law and Commission rules.

            If you are a BIC of a firm/office where a broker associate has displayed any of the three root causes of misconduct described in this article and you have exercised your best efforts to bring the broker associate into compliance with the License Law and/or your firm’s policies and procedures, then it would be prudent to consider terminating that broker associate to reduce your liability, to protect your firm’s reputation, to protect your firm’s clients and customers, and to establish a corporate culture that inspires your firm’s other broker associates to conduct themselves professionally and with honesty and integrity at all times.

            The real estate industry depends heavily upon consumers. Consumers will not hire brokers they do not trust. Trust must be earned through many successful transactions. As an industry, we need to do all that we can to earn consumer trust by ensuring that consumers’ interests are protected. If you want to succeed in real estate, honesty, integrity, and a lifelong pursuit of knowledge and skills will serve you well.

February is Black History Month

February is Black History Month, where we honor and celebrate the history and legacy of African Americans in real estate and in our nation. We recognize the history of unfair housing practices in America, as well as the ongoing work to be done to end housing discrimination and to assure that all Americans have equal access to housing opportunities. We celebrate the increased diversity of our profession and the immense contributions of minority real estate brokers across our state.

New NCREC Licensee Facebook Group Now Live!

Join our new NCREC Licensee Group on Facebook to stay up to date on the most recent licensee questions, and important broker-specific information and updates from the NCREC.

Click the link to join: https://www.facebook.com/groups/1225190201719795

Disciplinary Actions

KELLIE DEANNE SANFORD (JACKSONVILLE) – By Consent, the Commission suspended the broker license of Sanford for a period of 6 months, effective July 1, 2022. The Commission found that in February 2021, Sanford purchased subject property in the name of a partnership they formed with their spouse. Sanford listed subject property for sale in June 2021. They advertised the property as containing a water line and septic on site. Sanford failed to disclose the broken water line or the existence of a temporary, above ground water line that was approximately 150 feet in length, installed by Sanford’s spouse.

Employment Opportunities Available

Are you interested in joining the staff of the North Carolina Real Estate Commission? From time to time, employment opportunities become available. They are posted on the Commission’s website under the “About Us” tab. Click here for more info.

The First Outreach Commission Meeting of 2023 Was a Success

The Commission held its January 2023 meeting in Wilmington, NC as the first location for the new year, as part of its outreach initiative. The Commission welcomed local brokers, the public, representatives of the Cape Fear Realtors®, and State representatives as well. If you missed it or other meetings you can view them here.

Weston’s Law Revised

In July 2021, 7-year old Weston Androw of Canton, Ohio became trapped between an elevator car and elevator shaft in the vacation home his family rented on North Carolina’s Outer Banks. EMS workers were able to free Weston from the elevator but were not successful in resuscitating the young boy. Weston’s tragic death spurred action by lawmakers to enact a new law regarding safety requirements for elevators in short-term rental properties. On July 8, 2022, Governor Cooper signed House Bill 619, also known as Weston’s law, which is designed to prevent future injuries and deaths resulting from gaps in certain residential elevators.

The law applies to elevators in private residences, cottages or similar accommodations that are rented for 15 or more calendar days per year. Similar to the North Carolina Elevator Safety Act, the law defines an elevator as any hoisting and lowering mechanism, with a car or platform, which moves in guides and serves two or more floors of a building or structure.

Weston’s Law allows for a maximum gap of 4 inches between the hoistway face of the landing door and the car door of an elevator. Additionally, the law mandates minimum force requirements for elevator doors and gates. All elevator designs must be able to withstand 75 pounds of applied force. When this amount of force is applied, the doors and gates must not deflect (bend or curve) more than ¾ of an inch, become permanently deformed, or be displaced from the guide or tracks.

If elevator doors or gates do not currently comply with the aforementioned safety requirements, the landlord of the rental property cannot allow for the elevator to be operated until the safety conditions are met. 

If the gap between the car door and landing door is greater than 4 inches, then the landlord must install a permanent door space guard or door baffle of at least 31.75 inches in height. This addition must be able to withstand 75 pounds of force applied horizontally using a 4-inch diameter sphere.  

Once the landlord installs a door, door space guard, door baffle or gate in compliance with these safety requirements, the landlord must provide the Commissioner of Insurance with either a statement signed by a professional elevator installer certifying installation or a receipt for purchase of the item that was installed, a statement signed by the landlord stating the date of installation, and photographs which depict the door, door space guard, door baffle or gate that was installed pursuant to the law.

Weston’s Law went into effect October 1, 2022. Property managers should advise their landlord-clients to implement measures that comply with the safety requirements. Any person who violates the landlord’s attempt to prevent use of an elevator until it meets these requirements may be charged with a Class 2 misdemeanor criminal offense. Property managers handling short-term rentals should take reasonable steps to ensure that any elevators comply with the new law and refrain from representing any landlord who has failed to comply but is continuing to allow the elevator to be used.