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

-OR-

1. Submit a reinstatement application with the $90 application fee and all required documentation, including criminal background report; and
2. Pass the National and State sections of the 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 the $100 original application fee and all required documentation, including criminal background report; and
3. Pass the National and State sections of the 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 December 1, 2020

BICs: Do your licensees have multiple affiliations?

Are you a Broker-in-Charge (BIC)? Do you have affiliated licensees? Have you ever wondered if your licensees have multiple affiliations?

The Broker-in-Charge Login now enables BICs to view all affiliations of the licensees under their supervision. To determine whether or not your affiliated licensees have multiple affiliations, log into your license record on the Commission’s website:

1. go to www.ncrec.gov;
2. click on BIC Login;
3. enter your License number and Pin number;
4. click on Licensees Under Your Supervision;
5. review Additional Affiliations column;
6. click on a licensee with an Additional Affiliation; and
7. review the Details page.

Additionally, once a licensee has added or removed an affiliation, all BICs for the licensee will receive a notice. This notice will indicate the licensee has made a change to one or more of their affiliations.

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

Nomination deadline for 2021 Outlaw Award is January 15

The Commission is soliciting nominations for the 2021 Larry A. Outlaw Excellence in Education Award until Friday, January 15, 2021. Click here to download the nomination form, which includes detailed information about selection criteria and the nomination process. Questions and nominations should be directed to outlawaward@ncrec.gov.

Regulatory Affairs Case Study: You’ve heard the expression “Measure Twice, Cut Once”? This is a story of “Read Twice, Act Once!”

By Sheryl B. Graham, Consumer Protection Officer

After a transaction closed, the seller of the property filed a complaint with the Commission against the buyer’s agent. The buyer agent had been present at the nearly vacant property with the buyer during the home inspection.  While there, the buyer agent texted the listing agent and asked if the seller was going to sell any of the items in the garage.  The listing agent promptly answered via text “LOL.  He doesn’t want to sell anything.” The buyer agent replied “Awesome!!  We will pick through it then.”  The listing agent followed up with another text stating “Hey!  The seller said he isn’t interested in selling anything” 

That evening, the seller contacted the listing agent to say two quilts were missing and things in the garage were “rummaged” through and set aside as if someone was coming back for more.  The home inspection was the only scheduled appointment that day and the listing agent remembered the texts with the buyer agent earlier that day.  The listing agent texted the buyer agent about the missing items and explained the seller wanted the items back within the hour or he would notify the police.  When the buyer agent returned the items that evening, the seller was waiting and videotaped the return.

Although the identified items were brought back, the seller still expressed his distrust and questioned if everything was returned.  During the investigation, the buyer agent explained she occasionally misreads information and that she read the listing agent’s text as saying “He isn’t interested in keeping anything.” The buyer agent stated she did not read the follow-up text from the listing agent, thinking it repeated the same message, until she had left the property with the items.  

Consumers put their trust in brokers not only to guide them through transactions, but to safeguard their real and personal property. If a broker knows that they need to read something twice to ensure accuracy or ask someone to verify their statement or meaning, then do just that.  In this case, reading twice before acting once would have saved a lot of frustration, embarrassment and distrust. 

Once the buyer agent’s broker-in-charge learned of the issue, the Broker-in-charge stepped in and handled the remainder of the transaction, put the buyer agent on probation, and required the agent to take an ethics class. The Commission cautioned the buyer agent to exercise greater care to communicate clearly with other parties in a transaction and to safeguard personal items in properties listed for sale.  All brokers can learn from this case to be clear when communicating via text. Texting on the fly can lead to misunderstandings and incomplete thoughts.  Reread the communication and confirm your understanding or call the other person before taking action.

Appearances

Danielle Alston, Consumer Protection Auditor, spoke at Allen Tate Companies’ Business Meeting on December 1.

Stephen Fussell, Chief Consumer Protection Officer, spoke at the Jacksonville Board of Realtors meeting on December 17.

Disciplinary Actions

BRITTANY NICOLE JOHNSON (JACKSONVILLE) – Following a hearing, the Commission revoked the license of Ms. Johnson effective October 16, 2019. The Commission found that Ms. Johnson failed to provide a final tenant security deposit accounting to the tenant within 30 days of her lease termination. The Commission also found that during the investigation Ms. Johnson failed to respond to multiple Letters of Inquiry and all attempted communications.

MICHAEL GENE GREENE (ARDEN) – The Commission accepted the voluntary surrender of the broker license of Mr. Greene effective December 11, 2019. The Commission dismissed without prejudice allegations that Mr. Greene violated provisions of the Real Estate License Law and Commission rules. Mr. Greene neither admitted nor denied misconduct.

DAWN CROUSE CARRIER (NORTH WILKESBORO) – By Consent, the Commission permanently revoked the broker license of Ms. Carrier effective March 18, 2020. The Commission found that in 2015, Ms. Carrier was found guilty of 24 felony counts of obtaining property by false pretenses. In 2018, she was found guilty of two felony counts of obtaining property by false pretenses. As a paralegal, Ms. Carrier took money from the law firm where she was employed by falsifying documents to either increase the amount of commission checks being paid to her husband’s real estate firm above the amount entitled or to pay commissions when no commission was due. Ms. Carrier failed to report these convictions to the Commission as required.

RACHEL L ALLES (CHARLOTTE) – By Consent, the Commission reprimanded Ms. Alles effective June 17, 2020. The Commission found that Ms. Alles, as the broker-in-charge of a firm, failed to properly supervise a provisional broker (PB) who acted as the listing agent in a residential transaction. The subject property went under contract with a closing date on June 27. The contract had a contingency that the buyers must sell their property prior to closing on the subject property. On June 7, the buyer’s agent notified the PB that the closing had been delayed and that the subject property would therefore not close as scheduled on June 27. The PB failed to inform the seller client of this information until June 24. The seller client then incurred fees for storage expenses due to the delayed closing. The Commission notes that the seller has been reimbursed for storage expenses.

HIGHER TECH REALTY NC LLC (CHARLOTTE) – By Consent, the Commission reprimanded Higher Tech Realty effective June 17, 2020. The Commission found that Higher Tech Realty NC LLC, was the listing firm for a residential property in which a provisional broker (PB) acted as the listing agent. The subject property went under contract with a closing date on June 27. The contract had a contingency that the buyers must sell their out-of-state property prior to closing on the subject property. On June 7, the buyer’s agent notified the PB that the closing had been delayed and that the subject property would therefore not close as scheduled on June 27. The PB failed to inform the seller client of this information until June 24. The firm’s seller client then incurred fees for storage expenses due to the delayed closing. The Commission notes that the seller has been reimbursed for storage expenses.

DORIS E NIXON (THOMASVIILLE) – The Commission accepted the voluntary surrender of the broker license of Ms. Nixon effective June 18, 2020. The Commission dismissed without prejudice allegations that Ms. Nixon violated provisions of the Real Estate License Law and Commission rules. Ms. Nixon, neither admitted nor denied misconduct.

ROBERT S COHEN (FAYETTEVILLE) – By Consent, the Commission reprimanded Mr. Cohen effective July 1, 2020. The Commission found that, while acting as a real estate school director, Mr. Cohen failed to supervise School instructors and ensure compliance with Commission rules regarding School records. A review of School records discovered incomplete attendance records as well as misreporting of class completions for several licensees. The School failed to maintain all rosters for its courses. Class rosters that were maintained show that many were not reported to the Commission within seven days of course completion. Due to late reporting by the School, some licensees were placed on inactive status by the Commission when, in fact, they were up-to-date on their continuing education prior to the deadline.

TERRY FARR SCHOOL OF REAL ESTATE (FAYETTEVILLE) – By Consent, the Commission reprimanded the School effective July 1, 2020. The Commission found that the director failed to supervise School instructors and ensure compliance with Commission rules regarding School records. A review of School records discovered incomplete attendance records as well as misreporting of class completions for several licensees. The School failed to maintain all rosters for its courses. Class rosters that were maintained show that many were not reported to the Commission within seven days of course completion. Due to late reporting by the School, some licensees were placed on inactive status by the Commission when, in fact, they were up-to-date on their continuing education prior to the deadline.

KIMBERLY ANN BENNETT (FAYETTEVILLE) – By Consent, the Commission suspended the broker license of Ms. Bennett for a period of 2 months effective July 1, 2020. The Commission found that, while acting as a real estate school instructor, Ms. Bennett allowed a student to take two postlicensing courses, which overlapped, within a ten day period. This violated the Commission rule prohibiting students from being enrolled in more than 30 instructional hours within a seven day period. Ms. Bennett further allowed School records to misrepresent to the Commission as to when and with whom the student took a postlicensing course.

KR PROPERTY GROUP (CARY) – The Commission accepted the voluntary surrender of the broker license of KR Property Group effective July 1, 2020. The Commission dismissed without prejudice allegations that KR Property Group, violated provisions of the Real Estate License Law and Commission rules. KR Property Group, neither admitted nor denied misconduct.

CYDNEY WHITE METZ (CHARLOTTE) – By Consent, the Commission suspended the broker license of Ms. Metz for a period of 12 months effective September 15, 2020. The Commission then stayed the suspension in its entirety and placed Ms. Metz on probation until September 15, 2021. The Commission found that Ms. Metz acted as the listing agent for a property that went under contract with a closing date set for June 27. The contract had a contingency that the buyers must sell their property prior to closing on the subject property. On June 7, the buyers’ agent notified Ms. Metz that the closing had been delayed and that the subject property would therefore not close as scheduled on June 27. Ms. Metz failed to inform her seller client of this information until June 24. Ms. Metz’s seller client incurred fees for storage expenses due to the late notice. The Commission notes that the seller has been reimbursed for storage expenses.

KMBJ ENTERPRISE INC (FAYETTEVILLE) – By Consent, the Commission revoked the license of KMBJ Enterprises Inc. effective September 15, 2020. The Commission found that a review of KMBJ Enterprises Inc.’s trust accounts found: check, deposit slips, and ledgers failed to contain identifying information as required by Commission rules; trust account reconciliations were not being performed; lack of trial balances; and that not all bank activity was being posted on the ledgers. Furthermore, an owner was holding two tenant security deposits while the lease stated that the firm was holding these funds. Finally, the management agreement with one owner stated that the firm was managing one property when, in fact, it was managing three separate properties on the owner’s behalf.

JENNIFER MICHELLE RAMSEY (HUBERT) – By Consent, the Commission permanently revoked the license of Ms. Ramsey effective October 21, 2020. The Commission found that Ms. Ramsey failed to comply with Commission staff’s initial request for records. In October 2019, the  trust account records for Ms. Ramsey’s firm were reviewed and several deficiencies were discovered including: ledgers and journals lacking required identification information, failure to perform reconciliations, deposit slips and bank statements were not designated “trust” or escrow”, lack of an audit trail, deficit spending, and shortages in the account. In a separate matter, a civil judgment was issued against Ms. Ramsey due a breach of her management agreement. In February 2020, the Commission sent a Letter of Inquiry to Ms. Ramsey to which she failed to respond. In May 2020, a Commission investigator travelled to Ms. Ramsey’s address of record where she refused to speak with the investigator.

ALLISON LEIGH CABE (KITTY HAWK) – The Commission accepted the voluntary surrender of the broker license of Ms. Cabe effective October 21, 2020. The Commission dismissed without prejudice allegations that Ms. Cabe violated provisions of the Real Estate License Law and Commission rules. Ms. Cabe neither admitted nor denied misconduct.

ALVAREZ JUAN POWELL II (CHARLOTTE) – By Consent, the Commission suspended the broker license of Mr. Powell II for a period of 12 months effective November 1, 2020. The Commission found that in applying for his real estate license, Mr. Powell II disclosed five criminal convictions including one misdemeanor cocaine possession conviction. Mr. Powell II signed a consent order in order to obtain his license. In November 2019, Mr. Powell II reported a second (felony) conviction for possession of cocaine and claimed that a friend left a bag of cocaine on the passenger seat of his car but a magistrate’s order indicated that “individually packaged baggies of cocaine weight 6.1 grams” were found. Mr. Powell II was sentenced to 4-14 months of imprisonment which was suspended and was placed on 1 year of supervised probation and ordered to complete 24 hours of community service.

BRANDON SCOTT LOCKARD (CHARLOTTE) By Consent, the Commission reprimanded Mr. Lockard effective December 8, 2020. The Commission found that Mr. Lockard acted as a buyer agent in a residential property purchase. The Buyer sent funds to closing via ACH transfer rather than by wire, which delayed funding and recording. Mr. Lockard gave the keys for the subject property to the Buyer at the signing and told the Buyer not to enter the subject property until the closing documents had been recorded. The Buyer began moving into the subject property on the date of signing, which was two days prior to funding and recording of the transaction. The Commission notes that the seller, upon notice, allowed the buyer to remain in the property prior to deed transfer.

ERICKA JANAE HOLLINGSWORTH (HOPE MILLS) – Following a hearing, the Commission reprimanded Ms. Hollingsworth effective December 10, 2019. The Commission found that Ms. Hollingsworth signed non-disclosure and confidentiality agreements while employed as a property manager for a firm, obtained client contact information as part of her employment with the firm, and, following termination, used the client information to solicit those clients for a property management firm she opened.  The Commission also found that Ms. Hollingsworth, with no actual knowledge of the facts, falsely represented that her former firm had overloaded staff with clients following her termination.