Key reports, issues, and decisions of interest to licensees and/or the public are reported here from the most recent Commission meeting:
Commission Meeting of August 14, 2024
Pending Cases: The Commission entered into consent agreements to suspend 6 licenses, accepted the permanent voluntary surrender of 2 licenses, ordered hearings in cases involving 30 licensees, closed cases without action against 6 licensees, authorized injunctive relief involving 1 licensee, reprimanded 2 licensees, and left 6 cases pending.
License Applications Involving Character Issues: License applicants who have character issues such as prior criminal convictions or disciplinary actions by another licensing board are separately considered by the Commission. Decisions are based upon criminal background checks, information supplied by the applicant, and in-person interviews.
Total candidates considered: 16; total approved: 6; total approved with conditions: 4; continued: 4; postponed; 2.
License Examination Results: If you are interested in reviewing the most recent statistics and pass rates regarding the North Carolina broker license examination, click here License Examination Results
ARELLO Award for Excellence in Education: The Director of Education and Licensing reported that the 2024 National ARELLO Award for Excellence in Education will be presented to the Commission at the ARELLO Annual meeting in Chicago for the Item-Writing Workshop staff produced.
Education Town Hall: The Assistant Director of Education and Licensing provided a report to the Commission on the Education Town Hall meeting that was held on July 23, 2024, via Zoom teleconferencing. The Assistant Director indicated that the town hall meeting’s purpose is to foster an environment of collaboration with the educational community in NC. Education staff discussed the license renewal numbers and CE deficiencies of brokers and informed the educators of the Item-Writing Workshops on September 6 and October 11 at the Commission’s office. The Assistant Director also indicated that NCREEA has asked Education staff to present at the NCREEA Fall Conference regarding the intersection of the License Law and Commission rules with the proposed NAR settlement. Additionally, Education staff will host an Item-Writing Workshop in conjunction with the NCREEA conference on Tuesday, October 1, 2024.
Financial Report: The Commission received and reviewed the monthly Financial Report presented by the Chief Financial Officer for the period ending July 31, 2024.
Appeals: The Director of Regulatory Affairs reported that nothing has changed with Ms. Joellen Shipman’s appeal since the last Commission meeting and that an attorney from the NC Office of the Attorney General is filing for a dismissal. The appeal of the MV Realty case is also ongoing.
Touring Agreements: The Executive Director reported that staff is seeing an interest in the development of “touring agreements” for buyer agents who are REALTORS®, so that they can remain in compliance with the NAR settlement on its effective date later this month. After an extended discussion on the topic of licensees advertising that their forms are in compliance with the License Law and/or Commission rules, the Commission determined not to pursue requirements related to advertising compliance at this time but rather to monitor whether issues arise that indicate the issue should be revisited.
WWREA Disclosure and Rule A .0104: The Executive Director reported that a Commission member had passed along concerns about broker confusion relating to the differences in the wording of the Working With Real Estate Agents (WWREA) Disclosure that allows oral buyer agency until an offer is signed, versus the requirements of the NAR settlement on most REALTOR® members to have a signed agreement at the time of the first showing. The Executive Director stated that the NAR settlement only affects a segment of the broker population. Changing the Disclosure is possible if the Commission sees fit. Meanwhile, staff is doing a lot of education on the topic. The Director of Education and Licensing stated that to change Commission rules and statutes because of a private settlement may be premature. The settlement has not yet been accepted and the Department of Justice may weigh in. The Executive Director stated that if the broker follows Commission rules, they will not be in compliance with the REALTORS® standards of practice relating to the timing of an agreement with the buyer, but that if they follow the REALTOR standards of practice in terms of timing, they will be in compliance with the Commission’s timing requirements . The Commission discussed broker confusion over the difference between Commission and REALTOR requirements and the need for brokers to follow the Commission rules and to learn how to also be in compliance with the REALTOR® requirements, as it is possible to comply with both.
ARELLO Update: The Executive Director noted that the Director of Regulatory Affairs will be inaugurated as the ARELLO President at the ARELLO Annual Meeting in Chicago. Mr. Ramseur reported that the Legal Exchange in Carmel was well done, and he thought it was interesting to learn how other states are handling the NAR Settlement. The Director of Education and Licensing noted that there is no unity on how each MLS is handling the settlement guidelines. Mr. Ramseur stated that many states are leaning on ARELLO for guidance. Mr. Malarney commended the Director of Education and Licensing on his participation in the event and in recommending the speaker, Lucine Petrosyn, to discuss implicit bias in AI at both the Legal Exchange and the Q3 ARELLO discussion. Ms. O’Connor noted that there was impactful information at the Q3. Mr. Bullard commended the Director of Education and Licensing and Mr. Malarney on their presentation. Mr. Lindsey requested the recordings of the presentation at the Q3 and the Legal Exchange be shared with the full Commission. The Executive Director said that she would ask ARELLO if they would be willing to make a recording available. Mr. Lindsey encouraged the full Commission to attend the ARELLO Annual meeting to take advantage of learning from others around the country.
Report on License Numbers: As of August 1, 2024, there are 120,653 brokers and firms licensed by the Commission, as follows:
Active Full Brokers – 80,035
Active Provisional Brokers – 4,482
Brokers-in-Charge – 17,054
BIC Eligible Brokers – 6,534
Inactive Full Brokers – 23,582
Inactive Provisional Brokers –6,109
Firms – 16,799
Limited Nonresident Commercial Brokers – 237
Next Commission Meeting: The next Commission meeting will be held at 9:00am, September 18, 2024, at the Doubletree Hotel By Hilton, ballroom in Rocky Mount, NC and is open to the public. It can be viewed via Zoom online video.
Commission Member Jeff Malarney and Director of Education & Licensing Len Elder Address Inaugural Legal Exchange
This month, Immediate Past Chair Jeff Malarney served as a panelist alongside other industry experts for a discussion about AI in real estate at both the inaugural ARELLO Legal Exchange, and ARELLO’s Q3 Webinar. The panel, moderated by Director of Education and Licensing Len Elder, addressed the pros and cons of artificial intelligence in the real estate industry.
Do you have questions about filing a complaint?
Consumers and brokers often have questions about the complaint process and what to expect. NCREC has created 3 new videos that explain how to file a complaint and the investigations process. View this video playlist Navigating Complaints on our YouTube channel.
You are invited!
The monthly Real Estate Commission meetings are always open to the public, and you are invited to attend in person or online via Zoom. The meeting next month is September 18th in Rocky Mount at the Doubletree Rocky Mount (Doubletree Ballroom), 651 N. Winstead Avenue, Rocky Mount, NC. A Zoom link will be available at ncrec.gov on the day of the meeting.