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Reporting Criminal Convictions and Occupational Licensing Discipline

Have you been disciplined by an occupational licensing board in North Carolina or another state?  Have you been convicted of a felony or misdemeanor offense?  Do you know of a broker who has?

Commission Rule A.0113 requires that a broker, including an inactive broker, report criminal convictions and disciplinary actions by governmental and occupational licensing agencies by filing Form REC 2.09 with the Commission within 60 days of final judgment, order, or disposition of:

The Criminal Conviction / Disciplinary Action Reporting Form is available on the Commission’s website at www.ncrec.gov under Forms or upon request to the Commission. Make sure to fully complete the form.  Rule A .0113 requires a broker to provide a description of any criminal convictions or disciplinary actions.  You will also note that Form 2.09 prompts a broker to upload certified copies of any judgment or order in the case.  Providing a copy of any such order or disciplinary action with the notification form will only help to expedite the Commission’s review and investigation of the matter, if warranted.

BICs, did you know?

The monthly eBulletin is intended to be a valuable and timely resource for all NC real estate licensees.

As a BIC, you can use some of the articles/videos during your office trainings to ensure brokers adhere to law and rule changes, competently practice brokerage to prevent disciplinary issues, and participate in educational opportunities. The eBulletin is considered by Regulatory Affairs as a valuable resource and an educational tool.

Help! How do I reinstate my Instructor Approval?

Did you forget to renew your instructor approval before June 30, 2024?  Do you plan to teach Prelicensing, Postlicensing, or the Update course for a certified Education Provider?

If so, you must have an “active” instructor approval. Therefore, in order for the Commission to reinstate your instructor approval that has been expired for less than six months, you must submit the renewal application per Rule 58H .0306(b).

Prior to submitting an electronic application for renewal of approval, as an instructor, you must have completed six hours of an instructor educational program. If you have not yet completed this required education, please view our Guidelines for Instructional Educational Requirement (Form REC 3.78) for a list of options to satisfy this requirement. Once you have completed the required education, you will then need to log in to the Instructor Dashboard to access the renewal application.

Pursuant to subsection(c) of Rule 58A .0306, if an instructor approval has been expired for more than six months, the former instructor shall file an application for original approval pursuant to Rule 58H .0302.

If you have any questions regarding reinstating your instructor approval, please visit the Commission’s website.

Staff Appearances

Miriam Baer, Executive Director, spoke at NC REALTORS Risk Management Committee Meeting on June 3.

Minerva Mims, Diversity, Equity, and Inclusion (DEI) Officer, spoke at Raleigh Regional Association of REALTORS® on June 20.

Bruce Rinne, Information Officer, spoke at Carolina Smokies Association of REALTORS®, Inc. on June 20.

Leslie Schwartz, Information Officer, spoke at Goldsboro Association of REALTORS® on June 20.

Bruce Rinne, Information Officer, spoke at 220 Agents on June 27.

Diversity, Equity, and Inclusion

July is Disability Pride Month, a month dedicated to honoring and celebrating the history, experiences, achievements of disabled people. Disability Pride is recognized in the month of July to commemorate the passage of the Americans with Disabilities Act (ADA), a law that prohibits discrimination based on disability, in July 1990.

People with disabilities represent the largest and most diverse minority group, with individuals of various abilities, ages, races, ethnicities, religions, and social-economic backgrounds. According to 2021 data from the Centers for Disease Control and Prevention (CDC), 29% of adults in North Carolina have a disability, and according to the National Fair Housing Alliance’s (NFHA) 2023 Fair Housing Trends Report, over 53% of discrimination complaints are based on disability.

To properly serve consumers with disabilities it is important to understand their needs, recognizing that not all disabilities are created equally, ask questions, adjust your thinking, and do a bit of research.  As a real estate professional, you have a legal and ethical obligation to uphold fair housing laws; to do this you must be aware of the applicable laws (ADA and Fair Housing Act) that play a vital role in shaping an equitable and inclusive real estate environment.

By understanding the unique needs and challenges faced by consumers with disabilities and the guiding laws, real estate professionals can provide the necessary support to ensure a positive consumer experience and avoid any potential discrimination claims.

To learn more about Disability Pride Month or other disability related resources refer to the links below:

Americans with Disabilities Act Title III Regulations | ADA.gov

Better Service for Clients With Disabilities (nar.realtor)

Disability & Health U.S. State Profile Data: North Carolina | CDC

Fair Housing Project — A Project of Legal Aid of North Carolina (fairhousingnc.org)

Housing for People with Disabilities & Their Families | The Arc

Housing Rights – DRNC (disabilityrightsnc.org)

Why and How to Celebrate Disability Pride Month – The Arc

2023-Trends-Report-Final.pdf (nationalfairhousing.org)

Tech Corner: How do I translate the Commission’s website and Forms

Is English a second language for your clients or a consumer? Did you know that the Commission’s website can be translated into multiple languages?

Link: https://share.synthesia.io/25d69e92-4f29-4e59-91ed-c35377085508

Reactivating after CE Deficiency

Link: https://share.synthesia.io/b92c0c13-28f7-4684-8f75-c9db29e84bd1

Do you need to reactive your real estate license?

The 2024-2025 Update Course is here!

The Commission’s GENUP-General Update and BICUP-Broker-in-Charge Update courses for 2024-2025 are available beginning on July 1, 2024, for all licensees.

The 2024-2025 GENUP course topics are:

The 2024-2025 BICUP course topics are:

A statewide continuing education course schedule is provided on the Commission’s website (www.ncrec.gov) under the Education menu. Licensees may search for courses by:

Licensees may take the Update course anytime between July 1, 2024 – June 10, 2025. However, the Commission encourages licensees to take the course as early as possible during the license year, to stay up-to-date on law and rule changes.

Per Commission Rule 58A .1702, a licensee must take eight (8) hours of continuing education (CE) each year to maintain an active license, as follows:

NOTE: A broker with BIC-Eligible status who takes the General Update course, and an elective will maintain an active license but will lose their BIC/BIC-Eligible status.

If you have questions about the CE requirement, please visit the Commission’s website.

My license is expired! How do I reinstate it?

To maintain a current license, brokers must renew their license annually between May 15 and June 30. The license of a broker who fails to renew during that period will expire on June 30, and that broker must cease all brokerage activities immediately.   

What steps must a broker take to reinstate an expired license? That answer depends on how long the license has been expired.

To reinstate a license expired for less than 6 months:

  1. Go to the Commission’s homepage (www.ncrec.gov);
  2. Click on Reinstate your License;
  3. Enter your license number and PIN (last 4 of your SSN unless you have changed it);
  4. Answer required questions; and
  5. Pay the $90 reinstatement fee.

NOTE: Following expiration, a broker’s license is reinstated on inactive status. To regain active status, brokers must submit a License Activation / Affiliation form (REC 2.08).

To reinstate a license expired for 6 months but no more than 2 years:

  1. Successfully complete one 30-hour Postlicensing course (course must be completed within 6 months prior to submitting reinstatement application); and
  2. Submit a reinstatement application with the $90 application fee and all required documentation, including criminal background report;

-OR-

  1. Submit a reinstatement application with the $90 application fee and all required documentation, including criminal background report; and
  2. Pass the National and State sections of the license exam.

NOTE: Following expiration, a broker’s license is reinstated on inactive status. To regain active status, brokers must submit a License Activation / Affiliation form (REC 2.08).

To reinstate a license expired for more than 2 years:

  1. Successfully complete the 75-hour NC Broker Prelicensing course;
  2. Submit a license application with the $100 original application fee and all required documentation, including criminal background report; and
  3. Pass the National and State sections of the license exam.

NOTE: You will be licensed as a provisional broker and be subject to the 90-hour Postlicensing education program. To gain active status, you must submit a License Activation / Affiliation form (REC 2.08).

For more information, review Commission Rule 58A .0505 or visit the “Reinstate your License” page on the Commission’s website. You may also contact the Commission’s Education & Licensing Division at ls@ncrec.gov or 919-875-3700.

North Carolina Department of Revenue: Privilege License Tax

N.C.G.S. Section 105-41 required every individual in North Carolina who practiced a profession or engaged in a business to obtain from the North Carolina Department of Revenue (hereafter “NCDOR”) a statewide license for the privilege of practicing a profession or engaging in the business.

However, Session Law 2023-134 repealed this requirement under the General Statutes. Effective July 1, 2024, real estate brokers and other professionals are no longer required to apply to the NCDOR for a privilege license, or renew an existing privilege license, each year beginning July 1, 2024. The last license period will be for the fiscal year, July 1, 2023 to June 30, 2024.

If you would additional information regarding this change, read the Privilege Tax Bulletin published by the North Carolina Department of Revenue.