Case Study: Competency

FACTS:  A broker has practiced residential sales for 10 years. Recently, one of their former clients asked them to act as a property manager for several of their residential properties. The broker is reluctant to act as a property manager because they do not have any experience and/or education in this specialty area of brokerage. However, after much contemplation, the broker and their former client execute a property management agreement.

ISSUE: Is the broker permitted under License Law and Commission Rules to perform property management services? Is the broker competent to act as a property manager?

ANALYSIS:  Yes and Maybe. In North Carolina, there is only one type of real estate license for individuals, the broker license. North Carolina’s 75-hour Prelicensing Course educates students on the basic principles of real estate. An individual who has successfully completed that course and who has passed the NC Real Estate License Examination is deemed to have minimal competency to engage in any type of brokerage in North Carolina. Although brokers possess minimal competency, before engaging in any particular type of transaction, brokers should evaluate whether additional knowledge or skills are necessary to adequately represent their clients.

Prior to brokers engaging in any area of brokerage (e.g. residential sales, property management, commercial sales, vacation rental management, historic properties, lakefront properties, and foreclosures, etc.) they should speak with their BIC and evaluate their competency by using the “competence road map.” Essentially, brokers should ask themselves the following questions: (1) Am I authorized by my BIC to engage in this type of transaction, and (2) Do I have the necessary education and training in this type of transaction? If not, can my BIC mentor me or help me find a good mentor?

In the scenario above, the broker should speak with their BIC first to obtain permission to perform property management services. Before granting permission, the BIC should determine whether they are knowledgeable enough in the specialty area of brokerage – in this case, property management –  to supervise the transaction. BICs should authorize affiliated brokers to practice only in the areas of brokerage that the BIC can adequately supervise pursuant to Rule 58A .0110.

If the broker does obtain the BIC’s permission, then the broker and the BIC should evaluate the broker’s knowledge and skills to ensure the broker is competent to perform brokerage services and adhere to their fiduciary duties with their client, either on their own, or with guidance from the BIC.

Here, the broker should consider taking additional property management courses prior to conducting these transactions. Brokers can also take continuing education courses that are also dedicated to property management and look for certification and/or accreditation programs for property management specialists.

Remember, although a broker possesses the minimal competency to engage in specialty areas of brokerage upon obtaining a North Carolina real estate license, an inexperienced broker will be held to the same standard as a broker who practices property management transactions regularly in the industry. Therefore, a BIC and the affiliated broker should evaluate the necessary education and experience to conduct a specialty transaction to ensure competency.

RESOURCES:

N.C.G.S. § 93A-6(a)(8), and 93A-6(a)(10)

License Law and Commission Rules: 58A .0110

Articles: 2019-2020 Update Course Section, “Competence of Licensees”

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