Are You Ready for September 30, 2020?

During the past six months, the Commission has granted a number of extensions for NC brokers and education providers in light of the COVID-19 pandemic.  The deadline for all extensions is September 30, 2020. 

Not sure if you are impacted by this deadline?  Please read the information below that describes the extensions granted to brokers for the completion of their continuing and postlicensing education courses and to education providers for the submission of course approval forms. 

Continuing Education (CE) Extension

Temporary rule 58G .0104, which has been in place since March 26, 2020, granted brokers an extension of the CE deadline for the 2019-20 license year.

Any broker who did not complete all 8 hours of CE by June 10, 2020, must take approved elective courses by September 30, 2020, to make up missed hours, even if those missed hours included the Update course. Read more here.

Postlicensing Education Extension

Temporary rule 58G .0104, which has been in place since March 26, 2020, granted provisional brokers an automatic extension of their Postlicensing education deadline. Any provisional broker whose Postlicensing education deadline fell anytime between March 26, 2020 – September 30, 2020, must now complete all courses by September 30, 2020.

Rule 58A .1902 requires provisional brokers to complete all three 30-hour Postlicensing courses within 18 months of initial license to maintain active status. Therefore, any provisional broker who was licensed on or before March 13, 2019, must complete all 90 hours of Postlicensing education no later than September 30, 2020, to remain on active status.

Provisional brokers should check their education record to determine whether they have met the Postlicensing education requirements by logging into their license record on the Commission’s website.

Course Application Extension for Education Providers

Per Commission rule 58H .0101, “synchronous distance learning means the instructor and students are separated only by distance and not time, allowing for real-time monitoring of student participation.” In other words, synchronous distance learning courses are “live-online” courses facilitated through technologies such as Zoom and RECampusLive!.

Commission rules dictate that a certified Education Provider (EP) must first submit a course application in order to be approved to offer Prelicensing, Postlicensing, and/or CE courses via synchronous distance learning during the 2020-21 license year. However, the Commission has granted an extension of that requirement, as follows:

Provided the EP received previous approval to offer a Prelicensing, Postlicensing, and/or CE courses in-person, then that EP may also offer the courses via synchronous distance learning through September 30, 2020. If the EP wishes to continue offering the courses via synchronous distance learning after September 30, 2020, the EP must submit an application for course approval (for each course) by September 30.

Still have questions about these extensions?

Contact the Education and Licensing Division at educ@ncrec.gov or 919.875.3700.

Commission Spotlight: Consumer Protection Officers (CPOs)

Have you heard of the Commission’s “brown envelope?” 

When the Commission receives a complaint against a broker, a staff attorney reviews the complaint to determine whether the allegations fall under the jurisdiction of the Real Estate Commission.  The staff attorney is not attempting to determine whether the allegations are true or false at this stage.  Rather, the attorney must consider: “If all allegations in this complaint are true as written, would there be a violation of License law and Commission rules?”  If the answer is yes, then a case file is opened.

If most of the necessary information can be gathered by mail or email, then the case is referred to a Consumer Protection Officer, or CPO, who writes to the responding broker and any witnesses to obtain statements and documents. Typically, the first piece of correspondence from the CPO related to an investigation will be mailed in a brown envelope.

A copy of the complaint and any documents the Commission received is included with the initial letter of inquiry. Pursuant to Rule 58A .0601(e), any broker who receives a letter of inquiry shall submit a written response within 14 days of receipt. If additional time is needed to prepare a thorough response, the broker should contact the CPO who wrote the letter of inquiry and request an extension of time to respond, which typically is granted.

In addition to investigating complaints against licensees, CPOs:

• investigate complaints against unlicensed persons conducting real estate brokerage activity;
• interview witnesses;
• analyze supporting documentation received during an investigation;
• testify as witnesses during disciplinary hearings; and
• deliver presentations on License law and Commission rules to brokers and the public.

To learn more about the complaint process or to file a complaint, go to the Commission’s website, or contact Regulatory Affairs at RA@ncrec.gov or 919-719-9180.

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

Think Before You Speak… or Post

By Nicholas Smith

The Commission regularly receives complaints against brokers caused, at least in part, by a lack of professionalism in their communications. These complaints are often a result of brokers who have acted angrily or aggressively, communicated threats, made personal attacks or who made rude or vulgar comments in person, over the phone, or online. 

Social media, texting, and email are a part of everyday life, both professional and personal. The conduct of the real estate brokerage business can also be extremely fast-paced and is increasingly handled electronically. Brokers can now text, email, and post “on-the-fly,” leading to communications that, in hindsight, might have been better phrased or simply better left unsaid. Responding to a text, email or social media post in anger or frustration can often exacerbate a problem in a transaction instead of reducing tensions.

Social media like Facebook and Twitter began as platforms for personal interactions. These platforms and those like them are now used both for personal activities and for advertising and branding professional services.  Increasingly, the Commission is receiving complaints about brokers posting offensive content on social media. Posts that someone may consider offensive (e.g. discriminatory, political, angry rants, etc.) may not only damage your business and reputation but may lead to complaints with consumer websites, professional groups or associations, your firm and the Commission.

Of course, not all these complaints are actionable. Brokers are entitled to express their opinions and political beliefs. Being rude is generally not enough to constitute a violation of the License Law or Commission rules. On the other hand, the Commission may reprimand, suspend or revoke the license of a broker who is unworthy to act as a broker in a manner as to endanger the public interest. This could include conduct such as threatening physical harm or violence.

As brokers continue to expand their use of social media to network and promote their businesses, brokers should carefully consider the effect of their online presence, particularly on professional pages. A firm’s broker-in-charge (BIC) should also consider using written office policies to address their broker’s conduct in communicating in person and online. The Commission expects licensed brokers to be professional, so be mindful of what you say and how you say it. Keep in mind, as a North Carolina broker, you are a representative for all brokers in our state.

Let’s Make The 2020 Census A Success in NC

The North Carolina Complete Count Commission (NC CCC) is committed to making the 2020 Census a success for our state.  Visit census.nc.gov for information and resources.

Why the Census Matters

The US Census is a once a decade count of everyone residing in the United States. It will have a big impact on North Carolina’s communities through representation, funding, and reliable information.  The US Constitution requires a Census every 10 years to determine seats in the US House of Representatives.  North Carolina has 13 Congressional seats, but recent estimates show that our state may gain a seat after the 2020 Census.  A complete count will ensure that North Carolina’s voice will be appropriately represented in Congress.  The Census also provides the most detailed picture of our communities, and governmental funding programs rely on Census data to distribute billions of dollars each year.  In Fiscal Year 2015, the US Government distributed over $16 billion in North Carolina providing resources for schools, health care, highways, and more.  That’s $1,623 per person per year, and the State of North Carolina also distributes about $200 per person per year to counties and towns based on Census information.  Information from the Census helps local service providers and businesses plan for our dynamic state.  The Census is important to our future.  When you complete your 2020 Census form, you Make NC Count.

How do People Respond

The 2020 Census will shape representation, funding, and planning for North Carolina’s future; and being counted in the Census is quick, easy, and safe. This is the first US Census to allow internet or smartphone responses; you can complete your Census form online.  The Census invitation was mailed in March and included a web address, Census ID code, and phone number.  If you did not receive it you can still take it at https://2020census.gov/en.html. If you do not have internet access or would rather not reply online, you can provide your information by phone at 844-330-2020.  You can also use the phone number to request a paper Census form.  Census forms are available in 12 languages, and Census support is available in over 50 languages including American Sign Language.  Questionnaire support is available online via chat and over the phone. Census Enumerators are now visiting the addresses of non-responders to make sure everyone is counted.  The information you provide is confidential and by law cannot be shared for 72 years.  This includes all federal and state government agencies, law enforcement, courts, etc.  The Census questionnaire is short and can be completed in a few minutes.  Your confidential participation helps provide representation, funding, and planning data to serve your community for the next decade.  When you complete your 2020 Census form, you Make NC Count.

How the Census Works

The 2020 Census is a big operation – in fact, it is the largest peacetime operation conducted by the US government.  It takes a big operation to count everyone in a nation that is growing and becoming more mobile and diverse.  The task of the Census is to count everyone once, only once, and in the right place.  This task is required by the Constitution to determine where Congressional seats should be apportioned.  Everyone counts in the Census – no matter your age, race, sex, or place of birth.  The Census counts everyone in every living situation whether you reside in a house, apartment, dorm, prison, barracks, or are homeless.  The Census counts everyone where they usually live on April 1, 2020; but the Census does not change your legal residence for taxes, voter registration, or other residency status. 

Participation is required by law. While you can skip questions on the Census form, this increases your likelihood of being visited by a Census Enumerator.

Confidentiality – Participating is Safe

Your Census response is confidential and protected for 72 years per Title 13 of the US Code.  Your personal Census information cannot be shared with any one or any government agency including law enforcement, immigration, IRS, etc.  Violation of Census confidentiality is punishable by five years in federal prison and/or $250,000 fine.  These severe penalties protect your Census privacy.  While participating in the Census is safe, knowing what to expect will help avoid potential scams and fraud.  The 2020 Census is short.  The Census form asks questions about housing tenure (owning/renting), phone number, number of people in the home, relationship, and name, sex, race, Hispanic/Latino origin for each person in the home.  The 2020 Census does NOT ask for social security numbers, bank or credit card account numbers, money or donations, or anything on behalf of a political party.  Census Enumerators are now in the field conducting 2020 Census non-response operations.  All Census workers will have ID badges with their photograph, US Department of Commerce watermark, and expiration date.  Census workers will carry a hand-held device and a clearly marked US Census Bureau bag.  If asked, Census workers will produce their supervisor’s contact information and/or regional office phone number for verification and a letter from the Director of the Census Bureau on US Census Bureau letterhead.  A Census worker will never ask to enter your home.  Your Census response is important to the future of your community, and your participation is safe.

Appearances

Nick Smith and Sheryl Graham, Consumer Protection Officers, spoke at the Central Carolina Association of Realtors virtual membership meeting on August 11.

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.