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Staff Appearances
Dee Bigelow, Information Officer, spoke at the Coldwell Banker Sea Coast Advantage Meeting on August 11.
Miriam Baer, Executive Director, spoke at the Compass Real Estate – North Carolina Sales Meeting on August 17.
Sheryl Graham, Consumer Protection Officer, spoke at the REMax Master Key Meeting on August 31.
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 opportunities available for the the following positions:
- Course Review Officer – Application Deadline: September 2, 2021
- OnBase Developer – Application Deadline: September 8, 2021
- Associate Legal Counsel I – Application Deadline: September 13, 2021
- Associate Legal Counsel II – Application Deadline: September 13, 2021
Click here for more information.
HUD and FHFA Announce Collaboration to Advance Fair Housing and Fair Lending Enforcement
On August 12, 2021, the U.S. Department of Housing and Urban Development (HUD) and the Federal Housing Finance Agency (FHFA) entered into a first-of-its-kind collaborative agreement regarding fair housing and fair lending coordination. Under the Memorandum of Understanding, the two agencies will focus on enhancing their enforcement of the Fair Housing Act, and their oversight of Fannie Mae, Freddie Mac and the Federal Home Loan Banks.
The Memorandum of Understanding (MOU) strengthens both agencies’ ability to enforce fair housing and fair lending requirements, by promoting information sharing, coordination on investigations, compliance reviews, and the ongoing monitoring of Fannie Mae and Freddie Mac. The agencies anticipate that the MOU will lead to stronger oversight that will help advance vigorous fair housing enforcement that can begin to redress our nation’s history of discriminatory housing practices.
The Department of Housing and Urban Development’s mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. More information about HUD and its programs is available at www.hud.gov and http://espanol.hud.gov.
The Federal Housing Finance Agency regulates Fannie Mae, Freddie Mac and the 11 Federal Home Loan Banks. These government-sponsored enterprises provide more than $7.2 trillion in funding for the U.S. mortgage markets and financial institutions. Additional information is available at www.FHFA.gov.
Wendell Bullard Elected Chair and Mel Black Elected Vice Chair
Executive Director Miriam Baer announced that Wendell Bullard of Durham has been elected as Chair and Mel Black of Raleigh as Vice Chair of the North Carolina Real Estate Commission. Their terms will begin on August 1, 2021.
Wendell Bullard was appointed to the Commission by Governor Cooper in 2018. Licensed in 1994, he is Managing Broker at Bullard Properties, LLC, in Durham. He has experience in commercial brokerage, land, and residential sales. Bullard is a past President of the Durham Regional Association of REALTORS® and the North Carolina Association of REALTORS® and is a past REALTOR® of the Year in both organizations. He also served as a NAR® Director and REALTOR® Party Liaison for Community Engagement.
Mr. 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.
Mel Black was appointed to the Commission by Governor Cooper in 2019. As a real estate and appraisal educator, Mr. Black develops and delivers real estate curriculum for the Colibri Group. As an attorney in private practice with Everett Gaskins Hancock, LLP, he focuses on administrative law and occupational licensing. Mr. Black is a third-generation broker and second-generation appraiser in North Carolina. He has been licensed as a broker since 1988 and certified as an appraiser since 1991.
Mr. Black is the former Executive Director of the North Carolina Appraisal Board and former Education and Examination Officer with the North Carolina Real Estate Commission.
He has been elected to multiple national positions, including president of the Association of Appraiser Regulatory Officials, member of The Appraisal Foundation Advisory Council and its State Regulator Advisory Group, and member of the Board of Directors of the Council on Licensure, Enforcement and Regulation. For his service to North Carolina, Mr. Black was inducted into the Order of the Long Leaf Pine.
Mr. Black was named Educator of the Year by the North Carolina Real Estate Educators Association and received the Larry A. Outlaw Excellence in Real Estate Education Award from the North Carolina Real Estate Commission.
He holds a Juris Doctorate from the North Carolina Central University School of Law, an Educational Specialist degree from Appalachian State University, a Masters of Education from Winthrop College, and a Bachelor’s degree from the University of the State of New York. Mr. Black and his children, Andrew and Mari, are based in Raleigh.
The 12-hour Broker-in-Charge Course is Now a Self-paced, Online Course!
Brokers who wish to obtain BIC Eligible status must complete the 12-hour Broker-in-Charge (BIC) Course. Previously, the course was comprised of two segments, an 8-hour, self-paced online segment, and a 4-hour live segment instructed by Commission staff. However, as of July 1, 2021, the 12-hour BIC Course is a distance course, meaning it is a self-paced, online course.
Following are a few of the most frequently-asked questions about the 12-hour BIC Course.
How do I register for the 12-hour BIC Course?
To register for the 12-hour BIC Course:
- go to the Commission’s learning site (https://learn.ncrec.gov/);
- click on Register for New Courses;
- click on 12-hour BIC Course;
- click on Add to Cart; and
- click on Checkout.
In order to complete the purchase and begin the course, you will either need to login to your account on this site, or, if you have not previously created an account, you will need to create one. Be sure to enter your broker license number during registration if you wish to receive CE credit for the course.
Once the purchase is complete, you have a 30-day period of access to the course, per Commission Rule 58H .0404. If you fail to complete the course in full EITHER within 30 days from the date of registration OR by 11:59pm EST on June 10, whichever occurs first, then you will be required to register and pay for the course again and to restart the course.
When must I take the 12-hour BIC Course?
The 12-hour BIC Course must be completed EITHER within the year period prior to application for BIC Eligible status OR within 120 days after being granted the status.
What happens if I fail to complete the 12-hour BIC Course within 120 days of obtaining BIC Eligible status?
If you fail to complete the 12-hour BIC Course within 120 days after being granted BIC Eligible status, your BIC Eligible status, and, in turn, BIC Designation, will be terminated. In such case, you will not be granted BIC Eligible status again until the course is completed.
Will I get CE credit for the 12-hour BIC Course?
Yes. Upon successful completion of the 12-hour Broker-in-Charge Course, you will receive 4 hours of CE elective credit. The 12-hour BIC Course does NOT provide CE Update course credit.
For more information regarding the 12-hour BIC Course, contact the Commission’s Education and Licensing Division at LS@ncrec.gov or 919.875.3700.
A Regulatory Affairs Division Case Study: Square Footage – Don’t Include Unfinished or Unheated Areas
A listing agent listed a residential property and hired a vendor to measure the house and calculate its square footage. The vendor reported 1,811.6 sq.ft. on the first floor and 1,607.2 sq.ft. on the second floor for a total of 3,419 sq.ft. of heated living area. In a separate category labeled “Non-living Area,” the vendor indicated there was an additional 1,294.4 sq.ft. of “Partially Finished Area (below grade).” This was an area in the basement that had a fireplace, but no permanent heat source. The listing agent included the unheated basement area as “Living Area Below Grade” in the MLS system and represented a total of 4,713 sq.ft. of heated living area instead of 3,419 sq.ft., an overstatement of 38%.
A buyer contracted to buy the property and paid a $1,000 due diligence fee and $4,000 earnest money deposit. The buyer then ordered a battery of inspections costing $910. When the buyer’s home inspector reported that the basement had no permanent heat source, the buyer asked for a price reduction. The seller refused to reduce the sales price. The buyer terminated his contract and requested refunds of the $1,000 due diligence fee, the $4,000 earnest money and reimbursement for the $910 in inspection costs. The seller agreed to release the earnest money, but refused to refund the due diligence fee or reimburse the buyer for the inspections.
The violations by the listing agent included N.C.G.S. § 93A-6(a)(1) – misrepresentation of material fact, (3) – false advertising, and (8) – being unworthy or incompetent to act in a manner which protects the public. The listing agent entered into a Consent Order with the Commission in which she agreed to complete additional real estate education and received a stayed suspension.
The listing agent did some things correctly. When advertising square footage, a licensee should verify the accuracy of the advertised square footage figure by measuring and calculating the square footage or by hiring a qualified professional to do so. The listing agent hired a qualified professional to measure but then failed to accurately report those measurements. Pursuant to the Commission’s Residential Square Footage Guidelines, a licensee should refrain from including in the heated living area any space that is not finished consistent with the main living area of the house and/or is not heated for year-round living. If a licensee has questions about how to report square footage, licensees are encouraged to consult their broker-in-charge or call to speak with a Regulatory Affairs Division Information Officer at 919-719-9180.
Staff Appearances & Updates
Appearances
Nick Smith, Consumer Protection Officer, spoke at the EXIT Realty Preferred Triangle Sales Meeting on July 14.
Jean Hobbs, Auditor/Investigator, and Danielle Alston, Consumer Protection Auditor, spoke at the Barker Realty Meeting on July 15.
Steve Fussell, Chief Consumer Protection Officer, spoke at the Allen Tate Company Meeting on July 20.
Sheryl Graham, Consumer Protection Officer, spoke at the REMax Master Key Meeting on July 22.
Updates
Nicole Bills has been named Executive Assistant.
Andrew Cox has been named Education Program Specialist.
Bryan Dowdy has been named License Application Specialist.
Beth McGonigle has been named Education Content Officer.
Allison Anderson has been named License Specialist.
Dee Bigelow has been named Information Officer.
Joshua Oglesbee has been named Software Developer.