Reminder notices to renew your real estate license will arrive by email, if you receive your Real Estate Bulletin by email, or in your postal mailbox, if you receive the printed edition. Either way, you must renew your license between May 15 and June 30 to avoid notification in early July that you no longer have a license, as it is expired.
This year, the law requires that you renew online through the Commission’s website, www.ncrec.gov. (A broker who does not have the ability to renew online may renew by calling the Commission’s office between 8:30 a.m. and 5:00 p.m., Monday through Friday (919/875-3700)).
Log in to your personal record using your personal identification number (PIN) on or after May 15 to complete the process. Your PIN will be the last four digits of your Social Security number unless you have changed it.
The license renewal fee is $45. When paying online, you may use Visa, MasterCard, or Discover Card. A confirmation of renewal to print will appear on your screen when the process is completed.
Review your email address or addresses while logged in. Real Estate License Law allows you to designate your email address in one of two ways: (1) PRIVATE, meaning it will not be disseminated to anyone and will be used exclusively for communication from the Commission to you; or (2) PUBLIC, meaning it will be provided upon request to the public, including CE course sponsors and others. You may provide both a private and/or public email address upon logging into your record.
All broker license records are updated on July 1 to reflect license status as of that date. If your renewal fee has not reached the Commission by June 30, your license will be expired as of July 1. (Because of the records updating procedure and annual maintenance, the Commission’s website typically is down on July 1 and 2.)
To reinstate an expired license, you must pay a $55 fee between July 1 and December 31. Failure to reinstate the former license by December 31 will result in your having to file a new application and fee, and obtain a criminal background report. You will also be required to take additional education and/or pass the state license examination.
Even if you miss your continuing education, you may still renew and thus keep your license. The deadline for CE is June 10; if incomplete after that date, your license will be renewed on “inactive” status so long as the renewal fee is timely paid.
Brokers who are brokers-in-charge or brokers-in-charge eligible must take the Broker-in-Charge Update Course and one elective by June 10. Failure to take the correct CE or timely renew the license will result in loss of your BIC eligibility. Brokers-in-charge who lose BIC status or eligibility must (1) return the license to active status; (2) meet the experience requirements for designation; (3) take the 12-hour Broker-in-Charge Course before re-designation; and (4) send the Commission the BIC Declaration Form. Do NOT take the 12-hour BIC Course before your license is on active status!
Brokers-in-charge are also responsible for ensuring that licensees under their supervision have renewed their licenses and completed their continuing education and postlicensing education, if applicable, to maintain an active license, i.e., one they may use.
This article came from the May 2015-Vol46-1 edition of the bulletin.
WILLIAM IRWIN BELK (Charlotte) – Following a hearing, the Commission reprimanded Mr. Belk effective March 3, 2015. The Commission found that Mr. Belk’s North Carolina law license was suspended by the North Carolina State Bar (NCSB) for three years effective November 1, 2013; that Mr. Belk had been reprimanded by the NCSB in July 2012; and that Mr. Belk failed to report either disciplinary action by the NCSB within 60 days as required by Commission rules.
CATHERINE L. BLUM (Wilmington) – By Consent, the Commission suspended the broker license of Ms. Blum for a period of one month effective April 1, 2015. The Commission found from October 28, 2013, to May 2014, Ms. Blum, as a provisional broker, conducted brokerage activities outside of the supervision of a broker-in-charge; and that from March 10, 2014, to March 31, 2014, Ms. Blum’s license was designated as inactive and Ms. Blum continued to practice real estate brokerage with an inactive license.
BROWNING REALTY, INC. (Garner) – By Consent, the Commission reprimanded Browning Realty effective March 1, 2015. The Commission found that Browning Realty, acting as a listing firm, failed to disclose that a major highway expansion would affect the firm’s listed property; that the buyer attended a public hearing after closing on the listed property and was informed that, depending upon the chosen route, the buyer’s property would either be taken by the State of North Carolina or be within 0.5 mile of the highway. The firm refunded its commission to the buyer.
MARTHA ELIZABETH CONAWAY (Iron Station) – By Consent, the Commission reprimanded Ms. Conaway effective June 1, 2015. The Commission found that in October 2014, Ms. Conaway self-reported two criminal convictions for the sale of a schedule III controlled substance that occurred in 2011; that Ms. Conaway was ordered to pay a fine of $1,220, was given a suspended jail sentence of five to 15 months and put on 18 months of supervised probation, which can be commuted to unsupervised probation after 6 months.
CHRISTOPHER BRIAN CORBETT (Greenville) – By Consent, the Commission suspended the broker license of Mr. Corbett for a period of 12 months effective March 1, 2015. Four months of the suspension is active with the remainder stayed for a probationary period ending March 1, 2016. The Commission found that Mr. Corbett, acting as qualifying broker and broker-in-charge of a property management firm, charged fees and marked up the cost of repair work without disclosing these charges to property owners; that Mr. Corbett paid referral fees directly to provisional brokers; that Mr. Corbett failed to keep trust account records in accordance with Commission Rules and did not properly maintain the firm’s rental trust accounts resulting in shortfalls of as great as $19,988.09; and that, in 2013 and 2014, the firm’s rental trust account was charged insufficient fund fees and other bank fees totaling $750, which were not reimbursed.
COX INVESTMENTS, INC. (Holden Beach) – By Consent, the Commission suspended the firm license of Cox Investments, Inc., for a period of two years effective February 1, 2015. The Commission then stayed the suspension for a probationary period ending February 1, 2017. The Commission found that Cox Investments’ broker-in-charge failed to properly supervise its bookkeeper; that due to the failure to properly supervise the bookkeeper, Cox Investments’ rental trust accounts had a possible short fall of $12,999.14; that Cox Investments co-mingled rental income from properties it owned with funds held in trust for clients and customers; that Cox Investments’ vacation rental agreements included improper fees, improper terms for forfeiture of tenant security deposits, and failed to include a description of rights and responsibilities in the event of a mandatory evacuation; that Cox Investments’ property management agreements did not conspicuously disclose that trust funds would be deposited in an interest-bearing account and failed to include the license number of the broker signing on behalf of Cox Investments. The Commission noted that Cox Investments has since replaced its Qualifying Broker and Broker-in-Charge.
STEVEN C. COX (Holden Beach) – By Consent, the Commission suspended the broker license of Mr. Cox for a period of two years effective February 1, 2015. Nine months are active with the remainder stayed for a probationary period ending February 1, 2017. The Commission found that Mr. Cox, acting as broker-in-charge of a real estate brokerage firm, failed to properly supervise its bookkeeper; that due to Mr. Cox’s failure to properly supervise the bookkeeper, the firm’s rental trust accounts had a possible short fall of $12,999.14; that Mr. Cox co-mingled rental income from properties owned by the firm with funds held in trust for clients and customers; that Mr. Cox included improper fees, improper terms for forfeiture of tenant security deposits, and failed to include a description of rights and responsibilities in the event of a mandatory evacuation in the firm’s vacation rental agreements; that Mr. Cox failed to ensure that the Firm’s property management agreements both conspicuously disclosed that trust funds would be deposited in an interest bearing account and included the license number of the broker signing the agreement.
JOSEPH J. CURRIN, III (Fayetteville) – By Consent, the Commission reprimanded Mr. Currin effective June 1, 2015. The Commission found that Mr. Currin, acting as broker-in-charge of a real estate brokerage firm, failed to properly oversee tenant security deposit accounts, which allowed an unlicensed employee to embezzle approximately $3,542 of client monies within one year. The Commission noted that upon discovering the embezzlement, Mr. Currin notified the county sheriff’s office and the Commission and replaced all client monies immediately.
JAMES H. ENGLISH (New Bern) – By Consent, the Commission suspended the broker license of Mr. English for a period of six months effective May 1, 2015. The Commission then stayed the suspension for a probationary period through and including November 1, 2015. The Commission found that Mr. English, acting as listing agent for a commercial property, was told by his client, the owner of the property for 10 years, that the water and sewer service were connected to a public source; that Mr. English, relying on the information communicated by his client, prepared the listing description for the MLS, indicating that the property was connected to city water and sewer, and did not independently verify this information; that Mr. English then represented a buyer of the property as a dual agent and executed all of the proper disclosures regarding representation; and that after closing, the buyer learned that the property is not connected to city water or sewer, but rather to a septic system.
FLAGSHIP PROPERTY MANAGEMENT LLC (Greenville) – By Consent, the Commission suspended the firm license of Flagship Property Management LLC for a period of 18 months effective March 1, 2015. The Commission then stayed the suspension for a probationary period ending September 1, 2016. The Commission found that Flagship Property Management, from June 2008 until December 2010, conducted business without a designated broker-in-charge; that from June 2009 until July 2009, and again from June 2010 to July 2010, Flagship Property Management operated with an expired broker license; that from July 2009 until December 2010, Flagship Property Management operated with an inactive broker license; that Flagship Property Management charged fees and marked up the cost of repair work without first disclosing these charges to property owners; that Flagship Property Management paid referral fees directly to provisional brokers; that Flagship Property Management failed to keep trust account records in accordance with Commission Rules and did not properly maintain its rental trust accounts resulting in possible shortfalls of as great as $19,988.09; and that in 2013 and 2014, the rental trust account was charged insufficient fund fees and other bank fees totaling $750, which were not reimbursed.
DEBRA J. HEPFER (Statesville) – By Consent, the Commission reprimanded Ms. Hepfer effective April 1, 2015. The Commission found that Ms. Hepfer discussed the purchase of real estate properties with a potential buyer and, after learning that the buyer would not qualify for a loan, introduced the buyer to a real estate investor who would purchase the property and, in turn, finance the sale of it to the buyer; that Ms. Hepfer acted as buyer agent for the investor in the purchase of the property while keeping in communication with the buyer about the closing process; that Ms. Hepfer never delivered or discussed a Working With Real Estate Agents brochure with the buyer, making it unclear to the buyer exactly who Ms. Hepfer was representing; that the buyer had agreed to pay the $1,000 Earnest Money Deposit, $450 appraisal fee, and other repairs on the property; that Ms. Hepfer collected the funds in cash from the buyer and delivered them to the investor without placing the money in an account designated as trust or escrow; and that after the investor purchased the property, the oral agreement to finance the purchase of the property fell apart, and the investor has refused to refund monies paid by the buyer.
ERNEST FILMORE HILL III (Henderson) – By Consent, the Commission reprimanded Mr. Hill effective March 18, 2015. The Commission found that Mr. Hill, on January 30, 2014, pleaded guilty to misdemeanor first degree trespassing and was sentenced to 30 days incarceration which was fully suspended, 18 months supervised probation, and ordered to pay $1,144.50; that Mr. Hill reported the plea and sentence to the Commission within 60 days, but failed to provide a narrative regarding the incident or a certified copy of the judgment against him; and that Mr. Hill failed to respond to three letters of inquiry from the Commission requesting the missing information.
MARY LYNNE JONES (Banner Elk) – The Commission accepted the voluntary surrender of the broker license of Ms. Jones for a period of five years effective March 18, 2015. The Commission dismissed without prejudice allegations that Ms. Jones violated provisions of the Real Estate License Law and Commission rules. Ms. Jones neither admitted nor denied misconduct.
STANLEY BERNARD JONES (Raleigh) – By Consent, the Commission suspended the broker license of Mr. Jones for a period of 21 months effective January 1, 2015. Ten months of the suspension were active with the remainder stayed for a probationary period ending October 1, 2016. The Commission found that, following a hearing on August 8, 2013, the Commission issued Findings of Fact and an Order in which Mr. Jones received two years suspension with three months active suspension and the remainder stayed if Mr. Jones met specified criteria by June 1, 2014; that the Order included a condition that if Mr. Jones violated the Real Estate License Law or Commission rules within the active stayed suspension period, the remaining term of the stayed suspension would become active; and that on and around October 11, 2013, Mr. Jones knowingly engaged in brokerage activities while his license was actively suspended.
LAKE GASTON RENTAL HOMES LLC (Littleton) – The Commission accepted the permanent voluntary surrender of the firm license of Lake Gaston Rental Homes effective March 1, 2015. The Commission dismissed without prejudice allegations that Lake Gaston Rental Homes violated provisions of the Real Estate License Law and Commission rules. Lake Gaston Rental Homes neither admitted nor denied misconduct.
CONAN R. MCCLAIN (Raleigh) – By Consent, the Commission suspended the broker license of Mr. McClain for a period of 12 months effective April 1, 2015. The Commission then stayed the suspension for a probationary period of 12 months. The Commission found that Mr. McClain, currently the Broker-in-charge of a sole proprietorship, performed development, management, and leasing services on commercial units located at a development from 2006-2012; that Mr. McClain could not produce a copy of a signed Development and Services Agreement executed with the owner of the property; that, despite having an exclusive leasing agreement with owner, Mr. McClain became a majority owner in one of the leased units by investing his personal money in that business and failed to receive written consent from the owner or execute a dual agency agreement; that in 2008, Mr. McClain entered into a Development and Services Agreement for the development, leasing, and management of multi-building warehouse/office projects; and that this agreement lacks Mr. McClain’s broker license number, does not set a definitive expiration period, does not give the landlord the ability to terminate at the end of a contract period or subsequent renewals, and does not contain the fair housing provision.
JAMES M. MCCLURE (Raleigh) – The Commission accepted the permanent voluntary surrender of the broker license of Mr. McClure effective March 18, 2015. The Commission dismissed without prejudice allegations that Mr. McClure violated provisions of the Real Estate License Law and Commission rules. Mr. McClure neither admitted nor denied misconduct.
CECIL A. PARKER, JR. (Smithfield) – By Consent, the Commission suspended the broker license of Mr. Parker for a period of 18 months effective March 1, 2015. The Commission then stayed the suspension for a probationary period of 18 months. The Commission found that Mr. Parker, acting as a listing broker, failed to disclose that a major highway expansion would affect his listed property; that a buyer attended a public hearing after closing on Mr. Parker’s listed property at which the buyer was informed that, depending upon the chosen route, the buyer’s property would either be taken by the State of North Carolina or be within 0.5 mile of the highway.
RANDALL E. ROBINSON (Littleton) – By Consent, the Commission suspended the broker license of Mr. Robinson for a period of 18 months effective February 19, 2015. One month of the suspension was active with the remainder stayed for a probationary period ending September 19, 2016. The Commission found that Mr. Robinson, until February 2014, was broker-in-charge for a real estate brokerage firm; that while Mr. Robinson was broker-in-charge of the firm, it managed no more than 10 properties at any one time; that Mr. Robinson relied on assurances from the firm’s qualifying broker, a Certified Public Accountant, that trust account records were being maintained in accordance with the Commission rules, but failed to personally supervise and maintain trust account records; that an audit of the firm’s trust accounts revealed improper record keeping, shortfalls, and commingling of trust account funds with operating funds; that Mr. Robinson relied on assurances from the qualifying broker that the firm’s management and vacation rental agreements were reviewed by an attorney, but failed to personally ensure that rental management agreements complied with Commission Rules and that vacation rental agreements complied with the NC Vacation Rental Act, the NC Tenant Security Deposit Act, and Commission Rules; that Mr. Robinson allowed the firm to manage rental properties under expired management agreements and, in some cases, without management agreements; and that Mr. Robinson failed to properly review advertising agreements made by provisional brokers on behalf of the firm.
JOAN ELLEN RUSSELL (Hendersonville) – By Consent, the Commission reprimanded Ms. Russell effective March 1, 2015. The Commission found that Ms. Russell, as qualifying broker and broker-in-charge of a real estate brokerage firm, was responsible for a trust account that contained an overage of $1,112.49 in the tenant security deposit account and an overage of $328.82 in the rental trust account, and that Ms. Russell failed to maintain accurate records in accordance with Commission trust account rules.
RUSSELL PROPERTIES OF NC, INC. (Hendersonville) – By Consent, the Commission reprimanded Russell Properties effective March 1, 2015. The Commission found that Russell Properties, a real estate brokerage firm, held trust accounts that contained an overage of $1,112.49 in the tenant security deposit account and an overage of $328.82 in the rental trust account, and that Russell Properties failed to maintain accurate records in accordance with Commission trust account rules.
JAY C. SNOVER (Charlotte) – By Consent, the Commission reprimanded Mr. Snover effective March 1, 2015. The Commission found that Mr. Snover advertised commercial property by placing signage on it and showed this property to a potential renter/buyer in May of 2012; that Mr. Snover represented to the potential renter/buyer that he was also the owner of the property and the potential renter/buyer signed a lease agreement and gave checks for the Earnest Money Deposit and first month’s rent to Mr. Snover; that Mr. Snover did not sign the agreement and held, but did not deposit, the two checks; that after weeks of communications between Mr. Snover and the renter/buyer regarding access to the property and transfer of keys, Mr. Snover returned the checks. The Commission noted that Mr. Snover’s company was the winning bidder on the property through a foreclosure sale, which was set aside in April 2012 by the court, but Mr. Snover was later successful in purchasing the 1st lien on the property in July 2012.
ROBERT W. STEELE II (Jacksonville) – By Consent, the Commission reprimanded Mr. Steele effective April 1, 2015. The Commission found that Mr. Steele, in 2008, purchased a lot in a residential subdivision; that at the time of the purchase the street providing access to the property had been dedicated to public use, but had not been accepted by the State for maintenance; that Mr. Steele sold the property in May 2009; and that at no time did Mr. Steele disclose to the potential buyers that the street providing access to the property was a private street.
UNITED MANAGEMENT, INC. (Fayetteville) – By Consent, the Commission reprimanded United Management effective June 1, 2015. The Commission found that the broker-in-charge of United Management in and around 2013 failed to properly oversee tenant security deposit accounts which allowed an unlicensed employee to embezzle approximately $3,542 of client monies within one year; and that upon discovering the embezzlement, United Management notified the county Sheriff’s Office and the Real Estate Commission and replaced all client monies immediately.
TIFFANY MELISSA WARREN (Lake Junaluska) – The Commission accepted the voluntary surrender of the broker license of Ms. Warren for a period of three years effective February 11, 2015. The Commission dismissed without prejudice allegations that Ms. Warren had violated provisions of the Real Estate License Law and Commission rules. Ms. Warren neither admitted nor denied misconduct.
This article came from the May 2015-Vol46-1 edition of the bulletin.