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Disciplinary Actions

MOUNTAIN PROPERTY GROUP LLC (Tryon) – By Consent, the Commission suspended the broker license of Mountain Property Group LLC for a period of 12 months effective July 15, 2020. The Commission then stayed the suspension for a probationary period through July 15, 2021. The Commission found that in 2019 the firm, through its BIC, acted as a dual agent in the transaction without first reviewing a “Working with Real Estate Agents” disclosure with the seller and without entering into a written listing agreement.

LINDA NOBLE TINKLER (Tryon) – By Consent, the Commission suspended the broker license of Ms. Tinkler for a period of 2 years effective April 15, 2020. The Commission then stayed the remaining 21 month suspension, effective July 15, 2020, for a probationary period through April 15, 2021. The Commission found that in 2019, Ms. Tinkler acted as a dual agent without first reviewing a “Working with Real Estate Agents” disclosure with the seller and without entering into a written listing agreement. Ms. Tinkler then gave the buyers $10,000 to use as a part of their down payment without disclosing this gift to the closing attorney or to the buyer’s lender by giving the money to the buyers’ relative for the relative to forward to the buyers.

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:

  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 $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:

  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 $90 application fee and all required documentation, including criminal background report;

-OR-

  1. Submit a reinstatement application with $90 application fee and all required documentation, including criminal background report; and
  2. 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:

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

Current Stats: Monthly Licensee Count as of June 1, 2020

Extensions of CE and Postlicensing Education Deadlines

Originally published in the June 2020 edition of the eBulletin

Temporary rule 58G .0104, which has been effective since March 26, provides for automatic extensions of time for brokers to complete CE and Postlicensing education. Following are a few of the most frequently-asked questions regarding extensions.

What is the CE extension deadline?

Answer: September 30, 2020.  The Commission is granting an automatic 90-day extension.  No CE courses may be offered during the June 11-June 30 CE blackout period, so the 90-day extension period will begin on July 1, 2020, and end on September 30, 2020.  Licensees do not have to submit an extension request for CE.

Can a broker take the 2019-20 Update course after June 10, 2020? 

Answer: No.  The 2019-20 GenUp and BICUP courses cannot be offered after June 10, 2020.

What if brokers do not take the 2019-20 Update course by June 10.  How will they make it up?

Answer:  Any broker who does not complete all 8 hours of CE by June 10 will be automatically granted a 90-day extension.  The broker will then take approved elective courses [between July 1-September 30, 2020] to make up missed hours, even if those hours included the Update course. 

What is the Postlicensing extension deadline?

Answer: September 30, 2020.  Provisional Brokers (PBs) who have Postlicensing education deadlines between March 26-June 30, 2020, will be granted an automatic extension until September 30, 2020.  PBs do not have to submit a Postlicensing Extension request.

Should brokers renew their licenses even if they don’t complete CE or Postlicensing education?

Answer:  Yes.  Renewal requirements have not changed.  A video that answers FAQs regarding renewal and provides step-by-step renewal instructions is posted in the Commission’s Video Library. 

If you have further questions, please contact the Education and Licensing Division at LS@ncrec.gov or 919.875.3700.

Commission Spotlight: Information Technology (IT)

During the COVID-19 pandemic, the Commission’s office has been closed to the public and most staff members have been working remotely. However, there has been no reduction in services provided to the public and licensees, because forms, applications, and license records are web-based, and because staff members have robust remote access capability. All of this is made possible by the efforts and talent of the Commission’s Information Technology (IT) staff.

The Commission’s IT section is led by the Chief Technology Officer (CTO) and is comprised of four staff members. IT is part of the Executive and Administration Division.

Responsibilities of IT staff members include:

For more information, contact the Commission at admin@ncrec.gov or 919.875.3700.

What is an Education Provider?

As of July 1, 2020, N.C.G.S. § 93A-32 dictates that a sole proprietorship or entity must be certified as an Education Provider in order to offer NC real estate Prelicensing, Postlicensing, and CE (Update and Elective) courses.

Certification requirements are set out in N.C.G.S. § 93A-34 and Commission rule 58H .0202. Licensed / approved Schools and Sponsors will automatically be transitioned to certified Education Providers on July 1st.

A list of certified Education Providers is provided on the Commission’s website. Also, you can search for courses that Providers have scheduled. Note that Prelicensing, Postlicensing, and CE Update courses must be instructed by Commission-approved instructors.

For more information, contact the Education and Licensing Division at educ@ncrec.gov or 919.875.3700.

“Lease-To-Own” versus “Lease Option”

A Regulatory Affairs Division Case Study

By Nicholas Smith, Consumer Protection Officer

The Commission received a complaint from a seller against her listing broker. The broker listed the residential property for sale at $45,000 and acted as dual agent. Due to the condition of the property, the broker believed that traditional financing was going to be unavailable. After procuring a buyer, the broker suggested a lease-to-own arrangement. Both parties were open to the idea and negotiated terms. The buyer would pay a deposit, make regular payments over a three-year period and, at the conclusion of the period, the seller would transfer the deed to the buyer and the buyer would then own the property. This type of lease-to-own transaction is also known as a “contract for deed” or “land installment contract.”

There is no standard contract form for a lease-to-own agreement, so all real estate brokers should advise buyers and sellers to obtain the services of an experienced real estate attorney when conducting these transactions. Rather than referring his clients to an attorney, the broker contacted an attorney himself and communicated that the parties wanted a “lease option” agreement with a three-year term, a $48,000 sales price, a $6,000 deposit and monthly payments of $1,250. A “lease option” is NOT the same as a lease-to-own.

In a “lease option” agreement, the occupant leases the property and has the option of buying the property at an agreed upon price at any point prior to the expiration of the lease. In a lease-to-own agreement, the tenant/buyer pays for the property in full during the payment period with either no balance due at the end of the payment period or a balloon payment due at the end of the payment period.

Based upon the broker’s instructions, the agreement drafted by the attorney in this transaction did not specify that any of the monthly payments would go towards the purchase price, but instead at the end of the three-year term, the buyer had the option to purchase the property at $48,000, less the $6,000 deposit already paid. A signed Offer to Purchase and Contract (Standard Form 2-T) was attached to the agreement reflecting the purchase price and deposit amount with a settlement date at the end of the three-year term.

The broker did not review the attorney-drafted agreement so he failed to realize that the terms were incorrect, to the detriment of his buyer client. The parties signed the agreement and the buyer moved into the property. Fortunately, the buyer learned of the true nature of the agreement after she made approximately five payments rather than her discovering it at the conclusion of the three-year term. The buyer in the transaction said she believed she would own the property at the end of the term, not have the option to buy the property. The broker, attorney and buyer contacted the seller in hopes of executing a new agreement; however, the seller indicated she would not execute a new one as she was satisfied with the deal.

Possible violations of the Real Estate License Law in this case include N.C.G.S. § 93A-6(a) (8) and (10) for being unworthy or incompetent to act in a manner which protects the public and engaging in improper conduct, respectively.

Current Stats: Monthly Licensee Count as of May 1, 2020

Call for Nominations: Educational Excellence Awards

The Commission annually gives three awards to licensees for educational endeavors: the Joe Schweidler Memorial Scholarship Award, the Blanton Little Memorial Scholarship Award, and the Phillip T. Fisher Scholarship Award. Schweidler and Little were former Secretary/Treasurers of the NC Real Estate Licensing Board; Fisher is a former Executive Director of the Commission. In the past, these scholarships have been given in the spring, based on performance in specific educational programs during the previous license year. 

Beginning this year, the Commission will accept nominations for these awards.  Criteria for each of the three awards are provided at the end of this article. 

To be considered for one of the awards, an individual must hold a current NC broker license on Active status and submit an application provided on the Commission’s website, including:

  1. a written explanation of the individual’s qualifications for the award (500 words or less);
  2. documentation to demonstrate the individual’s completion of activities and/or education that are required by award criteria; and
  3. two letters of reference/recommendation.

Nominations for all awards will be accepted from May 1–June 30, 2020.  Self-nominations are welcome.  Go to the Commission’s homepage (www.ncrec.gov) to download the Educational Scholarship Nomination Form. 

Commission Staff will evaluate submissions against the written criteria and make recommendations for award recipients to Commission members.  Commission members will make final selections during their meeting on July 15, 2020, and award recipients will be announced at that time. Each award recipient will receive a check for $1000 and a commemorative plaque. 

If you have questions about the awards, send an email to scholarship@ncrec.gov.

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SCHOLARSHIP AWARD CRITERIA

Scholarship #1 – Joe Schweidler Memorial Scholarship Award:  Community-focused Educational Programs

The recipient of this award has invested in the community (in North Carolina) by developing, organizing, and presenting educational opportunities to those people in the community who are not real estate brokers, but who are or may become real estate consumers. This must be an ongoing commitment as evidenced by regularly scheduled educational events (quarterly, for example, over the past 2-3 years) focusing on topics such as:

Scholarship #2 – Blanton Little Memorial Scholarship Award: Peer-focused Educational Programs

The recipient of this award has invested time and energy in elevating the knowledge and skills of other North Carolina brokers. This must be an on-going commitment in which this individual conducts regular training sessions for other brokers in North Carolina through any number of available sites or organizations.  Examples include:

Scholarship #3 – Phillip T. Fisher Scholarship Award: Personal Growth-focused Educational Programs

The recipient of this award has invested time and energy in personal growth through advanced real estate education as evidenced by degree(s) or certifications/designations in various areas of real estate. Over the previous 2 to 3 years, this individual will have attained various different certifications/designations, or an advanced degree in real estate brokerage or a closely related field. Certifications, designations, and/or degree(s) must have been obtained while licensed in North Carolina. Examples include:

Commission Spotlight: License Specialist

Do you need to update information in your license record? Do you have questions about license renewal or education requirements? If so, you may contact the Commission’s Education and Licensing Division. When you contact that division, your call will be directed to a License Specialist.

License Specialists focus on:

For more information or to ask a question, contact the Education and Licensing Division at LS@ncrec.gov or 919-875-3700.