ATTENTION: Communications from the Real Estate Commission are Important!

We send important notifications, reminders, and Letters of Inquiry to licensees via email as well as US mail. We do not send junk mail. Some examples of important items the Commissions sends via email include Letters of Inquiry pertaining to complaints, Postlicensing Course due dates and reminders, renewal reminders, CE completion reminders, and changes in license status and firm affiliation.

If you have not been receiving emails from the Commission, check your “Spam” Folder. If you find an email from the Commission there, add the Commission’s email (NCREC.gov) to your “Trusted/Safe Senders” list.

Also, check your license record on NCREC.gov to make sure the Commission has your current email address on record and your current physical addresses(es). Remember to review and update both your email and other address information whenever you change firms or move. Rule A .0103(b) requires you to notify the Commission within 10 days of any change in your contact information.

Additionally, if you receive a Letter of Inquiry from the Commission, Rule A .0601(e) requires you to provide a written response within 14 days of receipt. If you’re unable to respond within 14 days, contact the staff member who sent you the Letter of Inquiry and ask for an extension.

If you don’t keep your addresses up to date, you may not learn about any changes in your license status. Remember, any change in the status of your license or the license of your BIC or firm can affect your ability to work as a broker and may require your immediate action or action by your BIC. If you are a BIC, please make sure your firm’s broker associates see this article.

The Commission Names Minerva Mims as Its First DEI Officer

The North Carolina Real Estate Commission is excited to welcome Minerva Mims as its first new Diversity, Equity, and Inclusion (DEI) Officer.

Mims holds a Juris Doctor from North Carolina Central University School of Law (2011).  She brings to the Commission a wealth of experience in legal education, legal research and writing, and compliance. In addition to her legal and compliance background, she has been a real estate licensee for over 5 years.

In her new role, Mims will focus on evaluating the Commission’s current diversity and inclusion initiatives and recommending strategies that align with the Commission’s DEI goals. She will also be responsible for raising awareness among licensees and the public, as well as supporting and implementing policies, programs, processes and initiatives to meet the Commission’s diversity-related objectives across the real estate brokerage profession.

The Future of Real Estate Technology

Presentation Wednesday October 12 @ 11:00 am

The North Carolina Real Estate Commission is exploring coming developments in real estate technology that affect the real estate profession. In order to understand some of the new technology trends and developments, the Commission has asked national speaker and real estate technology trainer Craig Grant to do a presentation at the regular October Commission meeting.

Craig Grant is the CEO of the Real Estate Technology Institute – RETI.us. A graduate of the University of Florida, Grant speaks regularly on real estate technology topics at conferences and events throughout the country and often conducts education for the National Association of REALTORS® (NAR), state REALTOR® associations, and national franchises.

On Wednesday, October 12^th at approximately 11:00 am Grant will be sharing a presentation with the members of the North Carolina Real Estate Commission on, “The Future of Real Estate Technology,” addressing such topics as:

• Developments and trends in smart houses and residential construction
• The use of crypto currency and NFTs in real estate transactions
• Augmented and virtual reality as a means of showing homes and delivering brokerage services
• Big Data, PII,Cybersecurity concerns vital to the real estate industry

You can watch the Commission meeting on Wednesday, October 12^th beginning at 9:00, or log on any time before 11:00 for this presentation. Simply use the link on the home page of the Commission’s website at NCREC.gov. We hope to see you there!

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.

We currently have available the following position:

Information Officer – Responds to telephone and written inquiries from real estate licensees and consumers.  Please apply on or before October 7, 2022.

Auditor –  Audits and inspects real estate brokerage trust account records state-wide.  Please apply on or before October 7, 2022.

Click here for more information.

Hurricanes and Vacation Rentals

With hurricane season well underway, a review of the laws governing hurricanes, evacuations, and vacation rentals is appropriate.

1. The first and most important thing to remember is that when state or local authorities order a mandatory evacuation of a coastal area, tenants occupying vacation rental properties must comply with the order. Evacuations are ordered to protect human life and health and are not undertaken lightly. Brokers managing vacation rental properties should support state and local authorities by encouraging and facilitating tenant compliance with evacuation orders.
2. When a vacation tenant complies with an evacuation order, they are generally entitled to a refund of a share of the money they have paid for the rental (rent, security deposit, taxes, etc.) prorated for each night the evacuation order was in effect.
3. There is an exception to this rule, however. If the tenant was offered travel insurance that covered the risk of mandatory evacuation, then the landlord has no obligation to refund the tenant’s money. To trigger the exception, the cost of the insurance offered cannot exceed 8% of the cost of the vacation rental and the policy cannot exclude the particular storm. It is important to note that some vacation rental insurance companies exclude coverage for storms that have been named by the National Hurricane Center prior to date the insurance was purchased. If a storm is named prior to the purchase of travel insurance and, if the insurance will not cover the tenant for losses or damages resulting from a mandatory evacuation or from damages and losses caused by the named storm, then the tenant is entitled to a refund from the landlord of all monies paid.
4. If, following the storm and after any mandatory evacuation has been lifted, the landlord or their broker cannot provide a promised rental property to a vacation rental tenant – whether the reason is that the house was significantly damaged or that it is inaccessible due to damage to, or closure of, roads or ferries – the tenant is entitled to either a refund of his money or the substitution of a reasonably comparable property at the same cost. This refund may come in the form of a paid claim against travel insurance. Tenants and vacation rental managers are encouraged to read and understand the limits of coverage being offered.
5. Go to readync.org, which provides emergency management planning tips including information about current mandatory evacuations.
6. Go to ncdoj.gov/price-gouging-law-in-effect-in-north-carolina-2/ for information about price gouging laws following the declaration of a state of emergency in North Carolina.

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 information.

Staff Appearances

Christy Evans, Consumer Protection Officer, spoke at the Union County Association of REALTORS meeting on August 4.

Jean Hobbs, Auditor/Investigator and Brian Heath, Consumer Protection Officer, spoke at the Canopy REALTOR Association meeting on August 12.

Sheryl Graham, Consumer Protection Officer, spoke at the Lake Norman Realty office meeting on August 17.

Remote Electronic Notarization is Here to Stay

On July 8th, Governor Cooper signed House Bill 776 into law, authorizing Remote Electronic Notarization (aka Remote Online Notarization or “RON”) once again in North Carolina. 

In 2020, temporary legislation was enacted to allow for Emergency Video Notarization after the COVID-19 pandemic necessitated social distancing.  However, that legislation expired last year. 

With the signing of House Bill 776 into law, the ability to use Emergency Video Notarization is restored until 6/30/2023. The Emergency Video Notarization law allows a regular notary to perform acknowledgments and oaths/affirmations for a person located in North Carolina using live/real-time video conference technology to verify the person’s identity. 

In July 2023, a new Remote Electronic Notarization program will be implemented. The new statute defines Remote Electronic Notarization in North Carolina moving forward, creating a new category of notary, the remote electronic notary.  These notaries can perform notarial acts without the requirement to be in the physical presence of the signer.  They are required to use remote communication technology platforms that are secure, capable of recording and geolocation, and licensed by the NC Secretary of State. The Secretary of State has been tasked with creating rules to implement the program and technology platform for an effective date of July 1, 2023.

The restoration of Emergency Video Notarization and the new Remote Electronic Notarization program may affect the way some law offices handle closings.  Please check with your closing attorney if you have any questions about how this law might change the real estate closing process.

Disciplinary Actions

CHRISTOPHER ALLEN BRADSHAW (CHARLOTTE) – By Consent, the Commission permanently revoked the license of Mr. Bradshaw effective April 1, 2022. The Commission found that Mr. Bradshaw, was qualifying broker/broker-in-charge of a licensed firm and was also a general contractor and owner of a construction company. Mr. Bradshaw acted as listing agent to market properties built by his construction company. Mr. Bradshaw failed to disclose liens, judgments, and/or foreclosures that would prevent Mr. Bradshaw from closing on multiple properties. Mr. Bradshaw accepted multiple deposits which were required to be held by Seller while knowing that the properties could not close timely and then used those deposits to refund other deposits on failed transactions.

ERIC TROY BYRD (APEX) – The Commission accepted the voluntary surrender of the broker license of Mr. Byrd effective August 17, 2022. The Commission dismissed without prejudice allegations that Mr. Byrd violated provisions of the Real Estate License Law and Commission rules. Mr. Byrd neither admitted nor denied misconduct.

CITY VIEW TERRACES LLC (CHARLOTTE) – By Consent, the Commission permanently revoked the firm license of City View Terraces LLC effective April 1, 2022. The Commission found that City View Terraces acted as listing agent to market properties built by the construction company owned by the firm’s qualifying broker/broker-in-charge. City View Terraces LLC failed to disclose liens, judgments, and/or foreclosures that would prevent the firm’s qualifying broker/broker-in-charge from closing on multiple properties. The firm’s qualifying broker/broker-in-charge accepted multiple deposits which were required to be held by Seller while knowing that the properties could not close timely and then used those deposits to refund other deposits on failed transactions.

ALEXANDRA DOBRIN (CHARLOTTE) – By Consent, the Commission suspended the broker license of Ms. Dobrin for a period of 2 years, effective June 20, 2022. The Commission then stayed the suspension in its entirety. The Commission found that in June 2019, Ms. Dobrin acted as listing agent for the sale of property served by a septic system. Ms. Dobrin failed to obtain and review the septic permit and misrepresented the subject property as having four bedrooms when the septic permit specified three bedrooms. In 2020, Ms. Dobrin relisted the property for the buyer in the 2019 transaction and again failed to review the septic permit leading to the same misrepresentation. The property was subsequently listed by a new listing agent and the property was sold with the new buyer aware of the actual septic permit allowance. Ms. Dobrin has reached a settlement with the 2019 buyer to the buyer’s satisfaction.

LAURA JOY GUY (RALEIGH) – By Consent, the Commission suspended the broker license of Ms. Guy for a period of 3 months, effective May 1, 2022. The Commission found that in September 2021, Ms. Guy was enrolled in HPW Real Estate School in Postlicensing Course 303 – NCLAW. Ms. Guy was required to successfully complete an end-of-course exam to receive credit for the course. The exam was administered to Ms. Guy remotely, utilizing a proctor to facilitate and monitor the exam process. The proctor observed Ms. Guy had open notes during the exam and copied and pasted an exam question into a Word document on her computer. Screen shots were taken showing this activity.

OSAMA MILAD ESKANDER NICOLA (CHARLOTTE) – By Consent, the Commission suspended the broker license of Mr. Nicola for a period of 3 months, effective June 1, 2022. The Commission found that in January 2021, Mr. Nicola listed residential property he had purchased in September 2020 and failed to disclose that the extensive renovation work he supervised, had not been permitted or inspected. After the first buyer terminated following inspections, Mr. Nicola re-listed the property, used the original RPOADS on which he had answered no representation to all questions, and failed to disclose material facts learned from the first buyer’s home inspection. The Commission noted the Mr. Nicola has refunded the buyer the due diligence fee and other costs.

NOY PROPERTIES LLC (GARNER) – The Commission accepted the voluntary surrender of the firm license of Noy Properties LLC effective August 17, 2022. The Commission dismissed without prejudice allegations that Noy Properties violated provisions of the Real Estate License Law and Commission rules. Noy Properties neither admitted nor denied misconduct.

CORY STEPHEN RUSHATZ (SANFORD) – By Consent, the Commission suspended the broker license of Mr. Rushatz for a period of 30 days, effective July 1, 2022. The Commission found that in and around 2020, Mr. Rushatz, acting as listing broker, misrepresented the square footage of several properties by relying on county tax records to represent the square footage. Around January 2021, a member of Mr. Rushatz’s firm offered to buy property from a client to facilitate the sale of adjacent property of the client, and purchased the property. Mr. Rushatz, acting as listing broker for both tracts, failed to deliver a written disclosure of the potential conflict of interest to his seller-client. Mr. Rushatz also failed to terminate the listing agreement or refer the seller-client to another real estate brokerage firm prior to the transaction. The client was aware the purchaser was associated with the firm.

JACQUELINE DENISE YON (GARNER) – The Commission accepted the voluntary surrender of the broker license of Ms. Yon effective August 17, 2022. The Commission dismissed without prejudice allegations that Ms. Yon violated provisions of the Real Estate License Law and Commission rules. Ms. Yon neither admitted nor denied misconduct.

Leonard C. “Len” Elder Named Director of Education and Licensing

Leonard C. “Len” Elder has been named Director of Education and Licensing for the Commission, effective June 29, 2022. Elder joined the Commission as Education and Development Officer in 2019.

Elder has a B.A. in both Speech Communication and Political Science & Economics, and a law degree from Capital University Law School. Len is a resident of Cary, North Carolina with his wife, Alexandra.

After several years in the private practice of law and then serving as Vice President of a mortgage company, Elder embarked on a career in adult education, specializing in real estate education. During his career, he has served as the Lead Instructor and Curriculum Developer for schools of real estate, and for several years, had his own course creation company.

Elder brings to the position 25 years of experience directing, planning, implementing and evaluating real estate education. He has developed standards and training for the delivery of real estate educational courses approved by the Commission. He has countless hours of live classroom experience in Prelicensing, Postlicening and Continuing Education. He has also written and taught multiple courses involving real estate and related legal issues.

He holds both the Gold Standard Instructor (GSI) and the Distinguished Real Estate Instructor (DREI) designations from the Real Estate Educators Association. He is also the recipient of the National Real Estate Instructor of the Year from the national Real Estate Educators Association (REEA), the North Carolina Real Estate Instructor of the Year from the North Carolina Real Estate Educators Association, and was recognized as the national course author of the year by REEA.

Elder has served as Past President of the North Carolina Real Estate Educators Association (NCREEA) and is the recipient of the Larry A. Outlaw Excellence in Education Award from the North Carolina Real Estate Commission. Earlier this year, REEA honored Elder with the first ever Dedication to Excellence Award recognizing over a decade of dedication and service to real estate education.

The primary responsibility of the Director of Education and Licensing is to plan and direct the Commission’s education, examination, and licensing programs and operations statewide.