Bulletin Search
Disciplinary Actions
VIVIAN M WOODARD (Boone) – By Consent, the Commission reprimanded Ms. Woodard effective June 3, 2020. The Commission found that Ms. Woodard was the listing agent for a residential property and acted as a dual agent for a buyer that went under contract. The buyer terminated after receiving her home inspection report, which Ms. Woodard reviewed. The report recommended that the buyer consider having a general contractor further evaluate the roof, chimney, attic, deck, and crawl space of the subject property. Ms. Woodard then had a licensed general contractor visit the property to view the crawl space and deck. He determined that the moisture problem in the crawl space had “been resolved” and opined that new joists were in place to support the floor system. The contractor did not view the other areas of the home as recommended by the inspection report, however, Ms. Woodard recommended to her seller-clients that they consider looking further into those issues. Another Buyer went under contract a few days later, who terminated the contract after his home inspection discovered some of the same potential issues noted in the first buyer’s inspection. The first buyer then went back under contract, purchased the subject property, and has had no issues to date. Ms. Woodard reviewed the Working With Real Estate Agents brochure with the first buyer, who understood and agreed that Ms. Woodard was acting as a dual agent. However she failed to execute a separate Buyer Agency Agreement. The first buyer and Ms. Woodard’s seller clients have no complaints regarding representation in the transaction.
ADVANCED REALTY LLC (Boone) – By Consent, the Commission reprimanded Advanced Realty LLC effective June 3, 2020. The Commission found that the Firm listed a residential property for sale and acted as a dual agent for a buyer who went under contract. The buyer terminated after receiving her home inspection report, which the Broker reviewed. The report recommended that the buyer consider having a general contractor further evaluate the roof, chimney, attic, deck, and crawl space of the subject property. The broker then had a licensed general contractor visit the property to view the crawl space and deck. He determined that the moisture problem in the crawl space had “been resolved” and opined that new joists were in place to support the floor system. The contractor did not view other areas of the home as recommended by the inspection report, however, the broker recommended to the seller-clients that they consider looking further into those issues. Another buyer went under contract a few days later, then terminated the contract after his home inspection discovered some of the same potential issues noted in the first buyers inspection. The first buyer then went back under contract, purchased the subject property, and has had no issues to date. The broker reviewed the Working With Real Estate Agents brochure with the first buyer, who understood and agreed that the Firm was acting as a dual agent, however failed to execute a separate Buyer Agency Agreement. The first buyer and the Firm’s seller clients have no complaints regarding representation in the transaction.
MARK EVERETT GUARD (Greensboro) – The Commission accepted the permanent voluntary surrender of the broker license of Mr. Guard effective August 12, 2020. The Commission dismissed without prejudice allegations that Mr. Guard violated provisions of the Real Estate License Law and Commission rules. Mr. Guard neither admitted nor denied misconduct.
HUGH D OSBORNE (Greensboro) – The Commission accepted the permanent voluntary surrender of the broker license of Mr. Osborne effective August 12, 2020. The Commission dismissed without prejudice allegations that Mr. Osborne violated provisions of the Real Estate License Law and Commission rules. Mr. Osborne neither admitted nor denied misconduct.
LAMBETH OSBORNE REALTY (Greensboro) – The Commission accepted the permanent voluntary surrender of the firm license of Lambeth Osborne Realty effective August 12, 2020. The Commission dismissed without prejudice allegations that Lambeth Osborne Realty violated provisions of the Real Estate License Law and Commission rules. Lambeth Osborne Realty neither admitted nor denied misconduct.
JAMES M LEWIS (Glenville) – By Consent, the Commission reprimanded James M Lewis effective October 1, 2020. The Commission found that in or about June 2018, Mr. Lewis, acting as a dual agent in a transaction, ordered a home inspection on behalf of his buyer-client. The home inspection noted a possible infestation of Powder Post Beetles. Mr. Lewis reviewed the home inspection report with the buyer but failed to mention the remarks about the powder post beetles. He submitted a request for a wood-destroying insect inspection to a local pest control firm. but failed to obtain and review a copy of the pest inspection report, which indicated an active infestation of powder post beetles and carpenter beetles, with his buyer-client, although the closing attorney included the report in the package of closing documents. The buyer closed on the house in July 2018, and contracted with a pest control company to spray on a quarterly basis. About 8 months after closing, the pest control company informed the buyer about the infestation and estimated the cost to eliminate the infestations at around $15,000. The Commission noted that Mr. Lewis subsequently paid his buyer-client $15,000 for remediation of the property.
JIM LEWIS REALTY LLC (Glenville) – By Consent, the Commission reprimanded Jim Lewis Realty LLC effective October 1, 2020. The Commission found that in or about June 2018, the Firm, acting as a dual agent in a transaction, ordered a home inspection on behalf of its buyer-client. The inspection noted a possible infestation of Powder Post Beetles. The Firm, through its broker-in-charge, also submitted a request for a wood-destroying insect inspection to a local pest control firm. The broker failed to obtain and review a copy of the pest inspection report, which indicated an active infestation of powder post beetles and carpenter beetles, with his buyer-client, although the closing attorney included the report in the package of closing documents. The buyer closed on the house in July 2018, and contracted with a pest control company to spray on a quarterly basis. About 8 months after closing, the pest control company informed the buyer about the infestation and estimated the cost to eliminate the infestations at around $15,000. The Commission noted that the broker subsequently paid the Firm’s buyer-client $15,000 for remediation of the property.
JAHQUIIS ALSTON (Charlotte) – By Consent, the Commission suspended the broker license of Mr. Alston for a period of 18 months effective July 4, 2020. The Commission then stayed the suspension in its entirety. The Commission found that in December 2016, Mr. Alston submitted an application for his real estate license but failed to disclose a June 2015 disciplinary action from the NC Board of Massage and Bodywork Therapy on his application. In June, 2017, the Massage Board revoked his license based on a second complaint. Mr. Alston also failed to disclose this revocation to the Commission. The Commission noted that in 2019, Mr. Alston submitted an application to the NC Appraisal Board disclosing his two prior disciplinary actions from the NC Board of Massage and Bodywork Therapy.
My license 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 $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 (course must be completed within 6 months prior to submitting reinstatement application); and
- Submit a reinstatement application with $90 application fee and all required documentation, including criminal background report;
-OR-
- Submit a reinstatement application with $90 application fee and all required documentation, including criminal background report; and
- Pass 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 $100 original application fee and all required documentation, including criminal background report; and
- Pass 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.
Sandra O’Connor elected Chair and Wendell Bullard elected Vice Chair
Executive Director Miriam Baer announced that Sandra O’Connor of Greensboro has been elected as Chair and Wendell Bullard of Durham as Vice Chair of the North Carolina Real Estate Commission. Their terms will begin on August 1, 2020.
Sandra O’Connor was appointed to the Commission by Governor Roy Cooper in 2017. O’Connor has been a licensed North Carolina real estate broker since 1983, and from 1985 to 2005 she was the owner and sole proprietor of Sandra O’Connor & Associates. She is a broker with the Greensboro Allen Tate office, for which she served as Sales Manager from 2005-2010 and Broker-in-Charge from 2010-2018.
O’Connor has been active with the national, state, and local REALTOR® organizations and in community affairs. She is Director of the National Association of REALTORS® and a past Region IV Vice President. A past President of the North Carolina Association of REALTORS®, as well as a Region V Vice President and Treasurer, O’Connor received its REALTOR® of the Year award in 2014. She is also a past President and REALTOR® of the Year of the Greensboro Regional REALTORS® Association and has been admitted to its Hall of Fame.
O’Connor is a member of the Greensboro Zoning Commission, a past chair and member of the Greensboro Planning Board, and a past member of the Board of Directors of the Guilford Green Foundation. Additionally, she is a Commission-approved NC real estate instructor. She also holds a B.A. from Carlow University in Pittsburgh and a Masters of Librarianship from the University of Washington in Seattle.
Bullard was appointed to the Commission by Governor Cooper in 2018. Licensed in 1994, he is Managing Broker at Bullard Properties, LLC, in Durham. Bullard is past President of the Durham Regional Association of REALTORS® and the North Carolina Association of REALTORS® and past REALTOR® of the Year in both organizations.
Bullard is also an original founding member of several charter schools in North Carolina. He holds a B.S. in Marketing from North Carolina Central University and is a United States Air Force Security Specialists veteran.
I didn’t complete CE by June 10, 2020. What classes do I need to take – and when?
Temporary rule 58G .0104, which has been effective since March 26, 2020, provides for an automatic 90-day extension of time for brokers to complete CE for the 2019-2020 license period.
Because no classes could be offered from June 11 to June 30, 2020, the extension period began on July 1, 2020, and will end on September 30, 2020.
When is the CE extension deadline?
Answer: September 30, 2020.
Which classes must brokers take to make up missed CE hours?
Answer: Any broker who did not complete all 8 hours of CE by June 10, 2020, must take CE elective courses between July 1-September 30, 2020, to make up the missed hours, even if the missed hours included the Update course. Following are three scenarios.
Scenario#1: Broker completed an Update course between July 1, 2019, and June 10, 2020, but did not complete an elective course.
Broker must take ONE Commission-approved elective between July 1 – September 30, 2020, to makeup the missed hours. If an elective course is not completed by September 30, the license will be inactive as of October 1.
Scenario #2: Broker completed an elective course between July 1, 2019, and June 10, 2020, but did not complete an Update course.
Broker must take ONE Commission-approved elective course between July 1 – September 30, 2020, to makeup the missed hours. If an elective course is not completed by September 30, the license will be inactive as of October 1.
Scenario #3: Broker did not complete any CE between July 1, 2019, and June 10, 2020.
Broker must take TWO Commission-approved elective courses between July 1 – September 30, 2020, to makeup the missed hours. If two elective courses are not completed by September 30, the license will be inactive as of October 1.
If you have further questions, please contact the Education and Licensing Division at LS@ncrec.gov or 919.875.3700.
Real Estate Commission Scholarship Winners
Two North Carolina brokers were recently awarded the Phillip T. Fisher Scholarship Award by the Commission. The recipients, each of whom will receive a check for $1000 and a commemorative plaque, are Kathryn W. Diamond, of Clarksville, Virginia, and Quanta Monique Edwards, of Raleigh, North Carolina.
The Commission annually awards the Phillip T. Fisher Scholarship to licensees for educational endeavors. Fisher was the Executive Director of the Real Estate Commission from 1981 to 2010.
To qualify for the award, brokers had to show evidence of attaining various certifications or designations, or an advanced degree in real estate brokerage or a closely related field, during the previous 3 year period. Also, the certifications, designations, and/or degree(s) must have been obtained while the brokers were licensed in North Carolina.
The Commission congratulates both recipients and thanks them for their commitment to education and professional growth.
Staff Updates
Johnathan Robertson has been named Communications Officer in the Administrative Division.
Nolen Williams has been named Auditor in the Regulatory Affairs Division.
Len Elder has been named Education & Development Officer in the Education & Licensing Division.
Allan R. Dameron Legal Internship Award 2020
The recipient of the Allan R. Dameron Legal Internship Award 2020 is Lawrence Graham. This annual award is given in honor and memory of Allan Dameron, who served on the Commission for nearly eight years beginning in 1999. During that time, he served two terms as Chairman of the Commission. He was dedicated to serving and protecting the interests of the public in North Carolina real estate transactions. He believed strongly in broker and consumer education as a means of improving the real estate industry.
Each year, this award is given to a North Carolina law student who has demonstrated an interest in public service and in real estate. Graham was selected from a group of very qualified law students.
He is a rising third year law student at Campbell University Law School where he is on Law Review and is a member of the Moot Court Team. He is also a graduate of the University of North Carolina-Chapel Hill, where he received his Bachelor of Arts degree in Political Science with a minor in History in May 2018. He previously interned for Judge Philip Berger on the North Carolina Court of Appeals, and for Representative Lee Zachary in the North Carolina General Assembly.
Graham will work in Regulatory Affairs for about ten weeks before returning to school. In addition to the award, Lawrence’s name will also appear on a plaque which will be permanently displayed in the Commission office as a record of his accomplishment.
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.
Why Should A Broker Ask For Copies Of Checks?
By Shanna Hardy, Consumer Protection Officer
During the course of preparing an offer on a property, a buyer observed her broker making copies of the due diligence and earnest money checks. Is this typical and why would a broker do this?
Every buyer hopes that a seller will accept an offer as soon as it is submitted. When that happens, the effective date is the same as the date of the offer. A buyer agent should anticipate that a seller might accept an offer on the same day it is submitted and collect the due diligence fee and earnest money specified in the offer. A prudent listing agent would want to verify that the buyer’s agent is in possession of the checks at the time the offer is submitted. One way of doing this is to see copies of the checks accompanied with the offer to purchase.
The reason the Commission staff has suggested this as best practice is because the Commission receives many complaints filed by sellers who are disgruntled because an offer was accepted from a buyer but no due diligence or earnest money was ever received, and the buyer decided to terminate the contract several days later. Typically in these cases, the buyer agent failed to collect the due diligence or earnest money checks when the offer was prepared and therefore was unable to deliver the funds to the sellers or the sellers’ agent on the effective date.
In addition to the best practice advice, Commission Rule A .0117 (c)(7) states that a broker shall create, maintain or retain, the following records; copies of earnest money checks, due diligence checks, receipts for cash payments, contracts, and closing statements in sales transactions. Because this rule specifically addresses earnest money checks and due diligence checks, both the listing and buyer agents should make their best efforts to obtain copies of the checks for their transaction files. A scanned or other electronic image of a check will satisfy the Commission’s record-keeping requirements. However, prior to making and sending copies, we recommend redacting certain information, such as the personal account number or a part thereof.
It is part of the modern practice of brokerage that transactions are often carried out remotely with parties and their brokers not always present in person to hand off documents and checks. A prudent listing agent will want to ensure that funds due to their client or being held by an escrow agent have been sent and received by the seller or escrow agent. A prudent buyer agent will want to ensure that their client has submitted payments as required. Obtaining copies of checks is one thing that an agent can do to help a transaction proceed to a successful close.