Bulletin Search
Emergency Video Notarization Law Expires on December 31, 2021
At the onset of the pandemic, the North Carolina General Assembly passed a law allowing remote notarization and oaths by live video (e.g., Facetime, WebEx, Zoom). After several extensions, the law is set to expire at 12:01 a.m. on December 31, 2021.
The General Assembly has been considering House Bill 776, which would permanently allow remote electronic notarization. However, as of this writing, House Bill 776 has not passed. Therefore, the statutory authorization for remote notarization will expire on December 31, 2021.
If the authorization is not extended beyond 12:01 a.m. on December 31, 2021, then ALL notarial acts, traditional and electronic, will revert to the original law requiring in-person, physical presence by the principal or principals. There remains a chance that the emergency provision or permanent authorization will be revived once the legislature returns in January but we are unable to predict the outcome.
Brokers should be aware of this change when discussing and planning for transactions with customers and clients.
Staff Appearances
Miriam Baer, Executive Director of NC Real Estate Commission, spoke at the Coldwell Banker HPW Midtown Office meeting on December 14.
Disciplinary Actions
ADVANTAGE REALTY GROUP INC (MEBANE) – By Consent, the Commission suspended the broker license of Advantage Realty Group Inc. for a period of 24 months, effective December 15, 2021. The Commission then stayed the suspension in its entirety. Commission staff performed a spot audit on Advantage Realty Group Inc.’s trust accounts, which revealed that monthly reconciliations were not being performed, not all of the accounts were designated “trust” or “escrow”, an overage existed in the security deposit account, and property ledgers and trial balances were not being maintained. A field audit was then performed and the auditor also discovered deficit spending, a shortage, and a failure to prepare a trial balance. Furthermore, the Commission found that Advantage Realty Group Inc.’s owner, who is also a licensed broker, was primarily engaged in trust account dealings while the broker-in-charge had little to no involvement with maintaining the accounts. Advantage Realty Group Inc. has since engaged a consultant who has assisted in bringing its trust accounts into compliance with Commission rules
LINWOOD W BOLLES (CHARLOTTE) – By Consent, the Commission reprimanded Mr. Linwood, effective December 20, 2021. The Commission found that Mr. Linwood, acting as a buyer agent, submitted a written offer on a commercial property on behalf of his buyer-client with a November 30, 2020 closing date. The sellers signed the offer but changed the closing date. Mr. Linwood failed to have his buyer-client initial or otherwise accept the counter-offer, although the parties continued as if the contract were in effect. The buyer began the loan process and, after learning a loan could not be obtained in time for a November 30 close date, notified Mr. Linwood and asked for advice on what he should do. Mr. Linwood failed to advise his client on his right to terminate the contract until after the end of the Examination Period, The seller retained the $3000 earnest money deposit (EMD) after the buyer terminated. Mr. Linwood has personally refunded his client’s EMD.
NATASHA N EYADA AVOMBA (FAYETTVILLE) – By Consent, the Commission reprimanded Ms. Eyada Avomba, effective December 15, 2021. The Commission found that Ms. Eyada Avomba acted as a buyer agent during a showing. She viewed the subject property while her buyer-client was present on video. At the property owner’s request, the MLS listing stated in agent remarks: “Due to Covid & the safe welfare of all parties: please insure gloves, shoe covers and mask must be worn at all times while showing. Gloves and Shoe Covers will be provided at entrance and must be worn along with your personal mask.” The listing agent displayed a sign outside of the subject property as a reminder along with gloves and shoe covers. Video cameras were equipped in the subject property, which showed the Ms. Eyada Avomba in the property with a minor child and without shoe covers or gloves. Ms. Eyada Avomba admitted to initially having her mask in her hand. The listing agent called the Ms. Eyada Avomba and requested that she put on her mask and the owner spoke with the Ms. Eyada Avomba over the intercom system to request compliance. Ms. Eyada Avomba left the subject property with her mask on.
LINDA F HAGOOD (MEBANE) – By Consent, the Commission suspended the broker license of Ms. Hagood for a period of 24 months, effective December 15, 2021. The Commission then stayed the suspension in its entirety. The Commission staff performed a spot audit on Ms. Hagood Firm’s trust accounts, which revealed that monthly reconciliations were not being performed, not all of the accounts were designated “trust” or “escrow”, an overage existed in the security deposit account, and that property ledgers and trial balances were not being maintained. A field audit was then performed and the auditor also discovered deficit spending, a shortage, and a failure to prepare a trial balance. Furthermore, the Commission found that Ms. Hagood was primarily engaged in trust account dealings while the Firm’s broker-in-charge had little to no involvement with maintaining the accounts. Ms. Hagood has since engaged a consultant who has assisted in bringing the Firm’s trust accounts into compliance with Commission rules.
LIVIN’ FREE LLC (FAYETTEVILLE) – Following a hearing, the Commission permanently revoked the firm license of Livin Free LLC (dba Strother Property Management), effective September 1, 2021. The Commission had previously summarily suspended Livin’ Free LLC’s licensee effective May 19, 2021. The Commission found that Livin’ Free LLC failed to maintain its trust accounts and the records pertaining thereto in compliance with Commission rules, and that Livin’ Free LLC’s Chief Financial Officer converted trust monies to his own use, leading to a shortage in both the rent and security deposit trust accounts of at least $435,000. The Commission further found that Livin’ Free LLC charged a number of landlord-clients an unexplained $250 fee and failed to timely refund the fee after promising to do so.
DEBRA GREENSLADE MOONEY (TROUTMAN) – By Consent, the Commission suspended the broker license of Ms. Mooney for a period of 2 months, effective October 15, 2021. The Commission found that Ms. Mooney acted as a buyer agent for a client who was purchasing property long distance. Ms. Mooney failed to disclose to her buyer-client that the agent remarks on the property’s MLS listing noted that a minimum country club membership was required for any owner in the subdivision. Ms. Mooney sent covenants and rules to her client but falsely communicated that a membership was not required. Ms. Mooney further falsely communicated that the available boat slip would accommodate a 30 ft. boat when the Association rules limit boats to 26 ft.
LARRY EDWARD PAGE JR (FAYETTEVILLE) – Following a hearing, the Commission suspended the broker license of Mr. Page for three years, following the previously ordered summary suspension of Mr. Page’s license, effective May 19, 2021. The Commission then stayed the suspension effective October 18, 2021. The Commission found that Mr. Page, as broker-in-charge of a firm doing property management, failed to maintain the firm’s trust accounts and the records pertaining thereto in compliance with Commission rules, and that the firm’s Chief Financial Officer converted trust monies to his own use, leading to a shortage in both the rent and security deposit trust accounts of at least $435,000. The Commission further found that the firm charged a number of landlord-clients an unexplained $250 fee and failed to timely refund the fee after promising to do so.
BONNIE J PRIDE (MEBANE) – By Consent, the Commission suspended the broker license of Ms. Pride for a period of 24 months, effective December 15, 2021. The Commission then stayed the suspension in its entirety. While Ms. Pride was acting as the broker-in-charge and qualifying broker of a Firm, the Commission staff performed a spot audit on Firm’s trust accounts, which revealed that monthly reconciliations were not being performed, not all of the accounts were designated “trust” or “escrow”, an overage existed in the security deposit account, and that property ledgers and trial balances were not being maintained. A field audit was then performed and the auditor also discovered deficit spending, a shortage, and a failure to prepare a trial balance. Furthermore, the Commission found that the Firm’s owner, who is also a licensed broker, was primarily engaged in trust account dealings while Ms. Pride had little to no involvement with maintaining the accounts. Ms. Pride has since engaged a consultant who has assisted in bringing the Firm’s trust accounts into compliance with Commission rules.
LARRY E ROGERS (FRANKLIN) – By Consent, the Commission suspended the broker license of Mr. Rogers for a period of 12 months, effective December 15, 2021. The Commission then stayed the suspension in its entirety. The Commission found that while Mr. Rogers was the broker-in-charge of a Firm, two of the Firm’s brokers had their licenses on “inactive” status from October 19, 2020, through March 5, 2021, and September 30, 2020, through December 8, 2020, respectively. The Commission sent multiple notices to Mr. Rogers regarding the status of the licenses for these brokers. During this time, the two brokers continued to engage in brokerage activity such as signing agency agreements, having their names included in advertised listings, and representing clients in purchase transactions.
JUSTICE TRACE STAMEY (FRANKLIN) – By Consent, the Commission suspended the broker license of Mr. Stamey for a period of 12 months, effective December 15, 2021. The Commission then stayed the suspension in its entirety. The Commission found that Mr. Stamey’s broker license went on “inactive” status, due to his failure to take required Continuing Education, on October 19, 2020. Mr. Stamey’s broker license remained “inactive” until March 5, 2021. The Commission sent multiple notices to Mr. Stamey regarding his broker license status. During this time, Mr. Stamey continued to engage in brokerage activity such as signing agency agreements, having his name included in advertised listings, and representing clients in purchase transactions.
TT & L LLC (FRANKLIN) – By Consent, the Commission suspended the broker license of TT & L LLC for a period of 12 months, effective December 15, 2021. The Commission then stayed the suspension in its entirety. The Commission found that two of TT & L LLC’s brokers had their licenses on “inactive” status from October 19, 2020, through March 5, 2021, and September 30, 2020, through December 8, 2020, respectively. The Commission sent multiple notices to TT & L LLC regarding the status of the licenses for these brokers. During this time, the two brokers continued to engage in brokerage activity such as signing agency agreements, having their names included in advertised listings, and representing clients in purchase transactions.
Staff Appearances
Nick Smith, Consumer Protection Officer, spoke at the Lantern Realty and Development office meeting on November 3.
Jean Hobbs, Auditor/Investigator, spoke at the Orange Chatham Association of REALTORS meeting on November 4.
Dee Bigelow, Information Officer, spoke at the Jacksonville Board of REALTORS meeting on November 4.
Steve Fussell, Chief Consumer Protection Officer, spoke at the North Carolina Vacation Rental Managers Association meeting on November 10.
My license has 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:
- go to the Commission’s homepage (www.ncrec.gov);
- click on Reinstate your License;
- enter your license number and PIN (last 4 of your SSN unless you have changed it);
- answer required questions; and
- pay the $90 reinstatement fee.
NOTE: To regain active status, a License Activation / Affiliation form (REC 2.08) also must be submitted.
To reinstate a license expired for 6 months but no more than 2 years:
- Successfully complete one 30-hour Postlicensing course (the course must be completed within 6 months prior to submitting reinstatement application); and
- Submit a reinstatement application with the $90 application fee and all required documentation, including a criminal background report from the Commission’s provider;
-OR-
- Submit a reinstatement application with the $90 application fee and all required documentation, including a criminal background report from the Commission’s provider; and
- Pass the National and State sections of license exam.
NOTE: To regain active status, a License Activation / Affiliation form (REC 2.08) also must be submitted.
To reinstate a license expired for more than 2 years:
- Successfully complete the 75-hour NC Broker Prelicensing course;
- Submit a license application with the $100 original application fee and all required documentation, including a criminal background report from the Commission’s provider; and
- Pass the National and State sections of 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, a License Activation / Affiliation form (REC 2.08) also must be submitted.
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.
How do CE elective courses get approved?
Do you know who writes CE elective courses? Did you know that CE elective courses must be approved by the Commission before they can be offered by an education provider?
With the exception of the Basic Trust Account Procedures course and the 12-hour Broker-in-Charge Course, elective courses do not originate with nor are they written by Commission staff. In fact, any person may write a CE elective course, but the course must be submitted to the Commission for review and approval through a certified education provider.
What elective course topics can be approved by the Commission?
Rule 58H. 0402 states that elective courses must:
(1) cover subject matter related to real estate brokerage practice,
(2) offer knowledge or skills that will enable brokers to better serve real estate consumers and the public interest,
(3) consist of at least 4 hours of instruction and offer 4 CE credit hours, and
(4) include handout materials for students that provide the information to be presented in the course.
What are examples of topics that “relate to real estate brokerage practice?“
Currently, approved elective course topics include (but are not limited to) agency, appraisal, association management, building styles & designs, construction, contracts, environmental issues, ethics, finance, investment, land use, mortgage fraud, property inspection, property management, and risk management.
What are examples of topics that cannot be approved?
Topics such as business branding, marketing, and MLS data entry cannot be approved, as they are focused only on the broker’s business model, rather than skills or knowledge required by the law and/or needed to effectively represent clients or work with customers.
How do would-be authors determine topics?
Some authors choose real estate topics about which they are passionate. Some survey brokers for ideas and suggestions.
What documentation must be submitted to the Commission for course review and approval?
Commission rule 58H .0401 establishes the application requirements for Prelicensing, Postlicensing, and CE courses. All submissions must include a course guide with:
(1) course objectives,
(2) learning objectives for each topic addressed in the course,
(3) a course syllabus,
(4) instructional methods and aids to be employed, and
(5) all course materials that will be provided to students.
There are additional documentation requirements based on proposed delivery method.
Anyone aspiring to write a CE elective course should take advantage of the resources on the Commission’s website. Become familiar with 21 NCAC 58H .0401 and 21 NCAC 58H .0402, and then read and follow the instructions in the Commission’s Real Estate Education Course Approval Guidelines.
For more information, please contact the Education and Licensing Division at educ@ncrec.gov or 919.875.3700.
Case Study: Even the Beautiful Ones Can Be Ugly
Shanna Hardy – Consumer Protection Officer
A broker and his firm listed a property built in 1960, and advertised it as being totally renovated – including all new flooring, roof, HVAC system, kitchen cabinets and countertops, vinyl siding, remodeled bathrooms, windows and doors. On the Residential Property Disclosure, the seller marked “no representation” for all questions. This property had all the beautiful finishes that a newly constructed home would have. A first time homebuyer discovered the beauty and was anxious to place an offer. Her offer was accepted and the property went under contract.
During the due diligence period, the buyer performed all standard inspections. The inspector noted that certain renovations did not appear to have been performed by licensed contractors and that further investigation was recommended. An inquiry was made to the seller about the renovations. In response, the seller stated that all work was cosmetic and only cost $26,250 which, he said, fell under the $30,000 threshold to require permits. Both the listing and selling brokers accepted this answer without question. Closing couldn’t come fast enough for this buyer, who was excited to move into her new home.
After moving into the home, the buyer reported having very serious and costly problems. The first problem occurred when she noticed termites in the bathroom. Then the new HVAC system stopped working. The buyer called a technician who reported that not only had the system overheated and the interior components melted, nearly causing a fire, but the electrical wiring in the crawl space caused burn marks on the floor joist. Next, the vinyl siding began buckling and upon further examination by a general contractor, it was discovered that the newly installed vinyl was nailed on top of old deteriorated wood siding. And, if that wasn’t bad enough, during the night, the new kitchen cabinets detached from the wall and crashed to the floor. The buyer reported over twenty-one claims to her insurance company during the first twelve months of ownership.
Due to the overwhelming amount of insurance claims, the new homeowner’s insurance company conducted its own investigation and discovered that none of the renovations were performed by licensed contractors, nor were any permits pulled for the work, which, contrary to the seller’s assertions, were required for replacement of the HVAC system and remodeling the bathroom. The homeowner’s insurance company cancelled the insurance policy for the property.
The listing broker and his firm failed in their duty to properly discover and disclose material facts about this property before listing. The seller performed significant renovations that included work requiring plumbing, electrical work, mechanical, and building permits. The listing broker failed to confirm that his seller-client obtained the proper permits ensuring the work was performed in a workmanlike manner. The listing broker’s failure to disclose the material fact that the renovations were unpermitted caused financial harm to the buyer of the property. The buyer agent was aware of the significant renovations and failed to confirm whether the renovations were permitted or discuss the issue with the buyer. The listing broker and buyer agent were both disciplined and agreed in a settlement to reimburse the buyer for expenses associated with properly permitting and repairing the property.
Remember to ask questions. $30,000 is the threshold for hiring a General Contractor, not whether any permits are required or whether a licensed contractor is required for a particular project. Permits are often necessary for HVAC changes, electrical improvements, water heater replacement, and changes to internal structures such as removing walls. Additionally, a homeowner may decide that costs can be controlled intentionally to keep a project below that general contractor threshold, regardless of whether the work being done is good quality. When listing a property, you should ask: Who did the repairs and renovations? Do you have invoices or receipts? How much were the repairs? Were permits obtained? Were they required? Asking questions on the front end can save you and your clients lots of headaches later on.
Disciplinary Actions
AMANDA MCRAE CAMPBELL (LUMBERTON) – By Consent, the Commission suspended the broker license of Ms. Campbell for a period of 9 months, effective October 1, 2021. The Commission then stayed the suspension in its entirety. The Commission found that in June, 2020, Ms. Campbell, listed a residential property. The sellers completed the RPOADS in which they answered “no” to every question. A buyer contracted to buy the property but terminated t based on the home inspection. Buyer #1 did not share their inspection report with Ms. Campbell. The sellers obtained their own home inspection, which they shared with Ms. Campbell. The home inspection revealed multiple defects, including an unsupported floor in the bathroom, a drainpipe was discharging into the crawl space, the crawl space had very high moisture level, the house had PB pipes and various plumbing leaks, and water stains on interior ceilings indicative of a possible roof leak. Ms. Campbell failed to revise the MLS or to otherwise disclose any defects. A subsequent buyer contracted to buy the subject property and received the original RPOADS signed by the sellers. The buyer received an inspection report detailing the same defects and also terminated their contract. The property sold to a final buyer without Ms. Campbell disclosing the defects or advising her seller-clients to update the RPOADS.
TAYLOR BRADLEY COALSON (MOUNT AIRY) – By Consent, the Commission reprimanded Mr. Coalson, effective September 30, 2021. The Commission found that in October, 2020, Mr. Coalson, acting as a listing agent, listed a property for $139,900. On October 24, 2020, Mr. Coalson’s BIC submitted an oral offer for $143,000 on behalf of buyer-clients, which the seller’s indicated they would accept. On October 25, 2020, Mr. Coalson’s BIC submitted the written offer of $143,000 on behalf of his buyer-clients, and, the same day, another buyer submitted a written offer of all cash for $145,000 with an earlier closing date. Ms. Coalson did not present the second written offer document but did inform the sellers. Mr. Coalson’s seller-clients signed the lower offer in the belief that they were obligated based on their “verbal acceptance.”
LEONARD JAMES CUSATO (SOUTHERN SHORES) – By Consent, the Commission reprimanded Mr. Cusato, effective September 30, 2021. The Commission found that in 2020, Mr. Cusato, acting as the listing agent, received information that a tiki bar located on the listed property was in violation of the setback regulations and that the screen porch and tiki bar were constructed without permits. Mr. Cusato failed to discover additional information concerning these material facts and failed to disclose that information to the buyers and their agent. The county issued a Notice of Violation and the buyers were required to move the tiki bar out of the setback.
JANET G LAMB (NEW BERN) – By Consent, the Commission suspended the broker license of Ms. Lamb for a period of 6 months, effective October 1, 2021. The Commission then stayed the suspension in its entirety. The Commission found that Ms. Lamb acted as the listing agent for an estate owner of a residential property, which included a boat dock. Prior to listing, one of the property heirs told Ms. Lamb that the boat dock might be shared with a neighbor. Ms. Lamb was aware of the previous MLS listing, by a different firm a few years prior, which stated “DOCK IS OWNED IN COMMON WITH NEIGHBOR TO THE LEFT”. Ms. Lamb pulled the tax card for the subject property as well as the neighboring property, which showed that both properties were being assessed tax for the dock. Ms. Lamb, however, could not find a written agreement for a shared dock with the Register of Deeds Office or taxing authority. Ms. Lamb also discovered that the power and water supply to the dock came from the subject property. Therefore, she believed the subject property had exclusive right to the dock and advertised that the property had a “Boat Dock”. A buyer purchased the subject property without having a survey performed. A subsequent survey verified that the dock sits on both property lines.
WILLIAM EDWARD RAMSEY III (RALEIGH) – By Consent, the Commission suspended the broker license of Mr. Ramsey III for a period of 3 years, effective April 4, 2020. The Commission then stayed the remaining 18 months suspension after 18 months active. The Commission found that in May 2015, Mr. Ramsey III was convicted of one count of maintaining a place for the purpose of manufacturing, distributing, and using marijuana. The offense occurred over an 8 month period from September 2009 to April 2010. Mr. Ramsey III was sentenced to thirteen months in prison followed by three (3) years of supervised probation. Mr. Ramsey III was ordered to pay a $50,000 fine and ordered to forfeit to the United States his interest in the property in which the charges arose. Mr. Ramsey III was released from prison on April 4, 2016. According to Mr. Ramsey III’s probation officer, Mr. Ramsey III has paid the $50,000 fine and his probation was terminated. Mr. Ramsey III did not timely report this conviction to the NCREC.
