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Diversity, Equity, and Inclusion Updates

The Commission recently revised its Racial Equity statement, which has become the Commission’s Social Justice statement. Updates, beyond the title, reflect the diversity, equity, and inclusion work the Commission has done over the past two years and reinforces the Commission’s dedication to continue this work. You can review the revised statement here.

Additionally, as a part of the Commission’s commitment to furthering diversity, equity, and inclusion in real estate brokerage, the Commission has adopted a new Diversity, Equity, and Inclusion (“DEI”) statement. The DEI statement can be found on the Commission’s homepage.

Disciplinary Actions

ANDREW RICHARD ALEXANDER (ASHEVILLE) – By Consent, the Commission reprimanded Alexander, effective October 1, 2022. The Commission found that in July, 2020, Alexander acted as buyer agent for a client in the purchase of residential property.  Alexander was not present at the time of the home inspection during which the inspector noted multiple areas of dampness on the inner basement wall. The inspection report also noted that the inspector was unable to fully inspect the walls due to the seller’s personal property blocking the view and recommended further evaluation by a qualified professional. Alexander failed to advise his clients to further investigate or re-inspect the basement for water intrusion although the DDRA did include a requested repair of gutters. Following the close of the transaction, the buyers discovered that repair of the issues could cost between $9,000 and $22,000. The buyers sold the property for a profit without making the repairs, but disclosed the issue to the new buyer.

MELONY BANKS (MATTHEWS) – The Commission accepted the voluntary surrender of the broker license of Banks effective October 1, 2022. The Commission dismissed without prejudice allegations that Banks violated provisions of the Real Estate License Law and Commission rules. Banks neither admitted nor denied misconduct.

ROBERT B CANNER (GREENSBORO) – By Consent, the Commission suspended the broker license of Canner for a period of 6 months, effective February 16, 2022. The Commission found that in 2021, Canner entered into a buyer agency agreement in which he agreed to share half of his sales commission with his buyer-client. Canner failed to inform all interested parties of the agreement and failed to pay the commission as promised. Canner failed to review a Working with Real Estate Agents disclosure with the buyer-client. 

JEFFERY L EDDINGER (THOMASVILLE) – By Consent, the Commission reprimanded Eddinger, effective October 1, 2022. The Commission found that in July 2021, Eddinger, as owner of a rental property, issued a letter to the tenant which required the tenant to vacate the property within 10 days, contrary to the required 30 days’ notice in the written lease. Thereafter in a civil complaint, Eddinger was ordered to pay the tenant $2,400. Eddinger refused to pay the judgment until after the tenant filed a complaint with the Commission.

CHRISTINA MARIE FIGUEROA (NEW BERN) – By Consent, the Commission reprimanded Figueroa, effective September 30, 2022. The Commission found in June 2021, Figueroa acted as a listing agent for a property containing a condominium and a boat slip in the adjacent marina. Figueroa is the manager for the two owners associations related to the property: one for condominiums and one for the marina. The subject property went under contract late June 2021. In early July 2021, the Board of the marina association was notified that the master insurance policy was scheduled to be cancelled prematurely, effective August 2021, after the scheduled closing date of the subject property. Figueroa, as manager of the association, learned this information. The Board challenged the cancellation with the insurance company or attempted to obtain replacement coverage, and the Board and its attorney instructed Figueroa not to immediately disclose the notice to slip owners or third parties, and Figueroa did not disclose the notice of cancellation of the insurance policy until she was specifically instructed by Board counsel.

ISABEL ELISA GONZALEZ (CHARLOTTE) – By Consent, the Commission reprimanded Gonzalez, effective October 1, 2022. The Commission found that Gonzalez failed to deliver a Working With Real Estate Agents (“WWREA”) disclosure to their buyer-client or enter into a written buyer agency agreement with the buyer-client prior to presenting an offer to purchase on their behalf. Gonzalez has provided evidence of signed WWREA and agency agreements with other buyer-clients both prior to and after this transaction. Gonzalez has instituted new procedures to ensure that disclosures and agency agreements are signed and submitted before an offer is made.

STEVEN N HEISELMAN (ASHEVILLE) – By Consent, the Commission reprimanded Heiselman, effective October 1, 2022. The Commission found that as broker-in-charge of a firm, in July 2020, Heiselman’s affiliated provisional broker acted as buyer agent for a client in the purchase of residential property. They were not present at the time of the home inspection during which the inspector noted multiple areas of dampness on the inner basement wall. The inspection report also noted that the inspector was unable to fully inspect the walls due to the seller’s personal property blocking the view and recommended further evaluation by a qualified professional. Heiselman failed to advise the provisional broker or the buyers to further investigate or re-inspect the basement for water intrusion. Following the close of the transaction, the buyers discovered that repair of the issues could cost between $9,000 and $22,000. The buyers sold the property for a profit without making the repairs, but disclosed the issue to the new buyer. 

LINDA KAYE HOLLAND (NEW BERN) – By Consent, the Commission suspended the broker license of Holland for a period of 6 months, effective October 1, 2022. The Commission then stayed the suspension in its entirety. The Commission found that in 2019, Holland, acting as listing agent for a seller-client, failed to measure the property, and advertised the property as having 1,541 square feet as listed on the county tax records. This measurement included an attached garage that was formerly heated and cooled. The property actually had 1,261 square feet of heated and cooled living area, a 22% variance. The buyer was made aware of the discrepancy during the pendency of the transaction.

AARON MICHAEL SEELBINDER (WILMINGTON) – By Consent, the Commission suspended the broker license of Seelbinder for a period of 24 months, effective October 1, 2022. The Commission then stayed the suspension in its entirety. The Commission found that in January 2021, Seelbinder, through his unlicensed firm, took over property management for vacation rental property for which Seelbinder had acted as buyer’s agent. Seelbinder’s property management agreement did not include the required anti-discrimination language or the Seelbinder’s license number. Seelbinder collected rents and provided monthly payments and accountings for approximately 20 additional properties without being designated as a broker-in-charge. Seelbinder failed to maintain ledgers, a journal, reconciliations or a trial balance leading to an inability to determine a clear audit trail. Seelbinder applied for the broker-in-charge designation during the pendency of the investigation but did not have two years requisite experience until March 2022.

CHARLESTON SIMEON WALLACE (FAYETTEVILLE) – By Consent, the Commission reprimanded Wallace, effective October 1, 2022. The Commission found since August 2020, Wallace has purchased five properties subject to existing mortgages but failed to fully disclose in writing the potential effects of the due on sale clause to the sellers. At the request of the Commission, Wallace has revised their contract to fully describe sale obligations and to disclose in writing the existence of due on sale clauses.

2022-2023: Update Courses for Specialty Practice

Did you know that there are specialty versions of the Update course that focus on different practice areas, such as commercial brokerage or property management?  Each year, the Commission determines what topics will be addressed in the next license year’s General Update (GENUP) and Broker-in-Charge Update (BICUP) courses, and Commission staff develops course materials based on the Commission’s directives.  Once the course materials are finalized, Commission Rule 58H .0403(f) permits education providers (EPs) and approved instructors to create specialty versions of the content. 

Per the rule, the development of a specialty Update course is a joint effort between the EP/instructor and the Commission, and all content is jointly owned. The EP or instructor must receive the prior written consent of the Commission to make modifications to the content, and all modifications must relate to the same subject matter and educational objectives as the prescribed Update Course content.

When developing a specialty version of the Update course, an EP or instructor must evaluate the subject matter to determine if the prescribed Update course content meets the needs of their targeted group of brokers.  For example, if the prescribed course includes a topic like agency, the topic would be applicable to brokers in all specialty areas, so it would remain in the specialty versions.  However, the examples and/or discussion questions might be altered to make the topic discussion more relatable to a targeted group of brokers.  

In contrast, if one of the topics in the prescribed Update course is not directly applicable to the targeted group of brokers, an entirely different topic may be substituted.  For instance, if a prescribed Update course focuses on home inspections, the subject matter may not be applicable to commercial brokers. Therefore, another “commercial-specific” topic may be substituted in the commercial specialty version.  

Commission Rule 58H .1702(a) requires brokers to complete eight credit hours of real estate continuing education (CE) courses each year, comprised of a 4-hour Update course, either GENUP or BICUP, and a 4-hour elective course.  Whether a broker takes the standard version or a specialty version of the Update course, the broker must ensure they are taking the appropriate version based on their license status.  Provisional brokers and “full” brokers who do not have BIC Eligible Status must take a GENUP course.  A broker with BIC Eligible Status must take a BICUP course to retain BIC Eligible Status.

Currently, there is one specialty version (Commercial) of the Update course, and there are GENUP and BICUP versions of both.  Brokers may choose to complete multiple versions of the Update course in a license year, but they will receive credit for only one Update course. The completion of additional Update courses will not satisfy the elective course requirement or provide “rollover” credit. Are you interested in registering for the Commercial version of the Update Course?   Go to the CE Course Schedules page on the Commission’s website to search for upcoming courses.  Update courses are only delivered in person and via synchronous distance delivery (aka, “live-online”).

Also, Commission rules do not limit the number of specialty versions that can be created. EPs and approved instructors who are interested in developing a specialty version of the Update course should contact the Education & Licensing Division at educ@ncrec.gov or 919.875.3700.

Current Stats: Monthly Licensee Count as of September 1, 2022

Do I Need a Firm License?

Have you created an LLC, corporation, partnership, or other type of business entity for your brokerage business or for receiving compensation? If so, you need to apply for a firm license.

To complete a firm license application, you must:

*Commission Rule 58A .0502 dictates that a firm must have one principal who holds a broker license on active status in good standing; that broker must serve as the qualifying broker (QB).  The QB is responsible for:

To apply for a firm license, go to www.ncrec.gov and click on Apply for a Firm License.

If you have further questions about the firm licensing process, contact the Education and Licensing Division at 919.875.3700.

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.

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 12th 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:

You can watch the Commission meeting on Wednesday, October 12th 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!

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.

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.

BIC STUDY – SUPERVISION AND RESPONSIBILITIES

If you are a BIC or are BIC-Eligible, you should have recently received an email from the Commission asking for your interest in participating in a focus group or survey about BIC responsibilities. The email reads as follows:

“The Real Estate Commission is studying BIC supervision and responsibilities. We are looking at current requirements for BICs and whether or not those requirements are adequate in this day and time. The study may or may not lead to rule changes in the future related to BIC education, experience, and/or duties.  We are inviting those brokers holding the status of BIC or BIC-eligible to join in this study with us, give us your thoughts and ideas on the subject, and be a part of any potential changes moving forward.  We will hold several 1-hour zoom conferences with various panels of BICs, BIC-eligible brokers, and staff to discuss the issues and whether or not changes are needed. The results will be reported back to the Commission members. If you are interested in participating in a panel, please respond to this email with a simple “yes”. Those of you who respond “yes” will receive an invitation to participate in either a Zoom conference or a brief survey, or both. If you do not wish to participate, there is no need to respond. Thank you for considering this – your input is important.”

If you:

find your email, click reply, and respond “Yes.” If you are not interested, no action is necessary and you should not reply.

The email looks like this:

North Carolina Real Estate Commission <bicstudygroup@ncrec.gov>
Sent: Tuesday, September 20, 2022, 4:## PM We look forward to hearing from you.