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Commission Meeting of November 13, 2024

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 November 13, 2024

Pending Cases: The Commission entered into consent agreements to suspend 6 licenses, accepted the permanent voluntary surrender of 3 licensees, accepted the voluntary surrender of 3 licensees, ordered hearings in cases involving 6 licensees, reprimanded 4 licensees, closed cases without action against 1 licensee, approved the issuance of 2 real estate broker license, approved payment from the Real Estate Education and Recovery Fund in the amount of $4,150, and left 12 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: 10; total approved: 2; total approved with conditions: 3; continued: 5.

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.

2025-2026 General and BIC Update Course Topics: The Commission further discussed the possible topics for the 2025-26 General and BIC Update courses first presented bythe Director of Education and Licensing and the Assistant Director of Education and Licensing at the October Commission meeting. Mr. Lindsey asked that the Course materials include a reminder to BICs about the benefits of a Policies and Procedures manual and that BICs and firms can make rules stronger than Commission rules. Mr. Black commended the Education Staff on their work on the course topics. Upon a motion from Mr. Black, the Commission approved the 2025-26 General and BIC Update Course topics with the reminders suggested by Mr. Lindsey.

South Carolina Licensing Agreement: The Director of Education and Licensing reported that following the October Commission meeting, Chair Lindsey and the Chair of the South Carolina Real Estate Commission both signed the revised Licensing Agreement between North Carolina and South Carolina with the removal of all references to the words “reciprocity” and “reciprocal” in the title and throughout the Agreement.

Larry A. Outlaw Excellence in Education Award: The Director of Education and Licensing reported that he will open nominations for the Larry A. Outlaw Excellence in Education Award at the beginning of January and bring the nominations to the Education Committee in February. Mr. Lindsey asked Ms. Mallette to assist Mr. Black and Ms. O’Connor with the selection process. Ms. Mallette requested that the selection criteria be presented to the Commission at the December meeting.

NCREEA: The Director of Education and Licensing reported that NCREEA held their annual meeting virtually on November 12. He introduced Ms. Tracy Frazier and noted that she was named NCREEA’s Educator of the Year during the conference. The Commission congratulated Ms. Frazier.

Financial Report: The Commission received and reviewed the monthly Financial Report presented by the Chief Financial Officer for the period ending October 31, 2024.

Appeals: The Director of Regulatory Affairs reported that Ms. Joellen Shipman’s case is still pending. She reminded the Commission that Ms. Shipman failed to perfect her appeal in Superior Court. The NC Office of the Attorney General is handling that appeal and is filing a motion to dismiss.

BIC Span of Control Workgroup Recommendations: The Executive Director presented the BIC Span of Control report outlining the recommendations of the Workgroup. The Commission made the following decisions:

Responsibility for Policies and Procedures [Task Force Recommendation #10]Upon a motion from Mr. Black, the Commission agreed to move forward with considering amendments to Commission Rule A .0110 to require that firms have a written policies and procedures manual and that brokers-in-charge (BICs) be responsible for training, maintenance, and compliance with the manual, and in addition, to add a requirement for periodic review of the manual and to investigate the feasibility of requiring a BIC to certify their review of the manual in connection with the license renewal process. If this rule is to be adopted, the Commission would provide a framework for the manual that includes topics addressing matters that the Commission has the authority to enforce and cross-references to specific rules and statutes.  Mr. Ramseur was not present for the vote.
Responsibility for Advertising [Task Force Recommendation #9]Upon a motion from Ms. O’Connor, the Commission agreed to move forward with considering amendments to Commission Rule A .0110(g) to require an advertising policy in the firm’s policies and procedures manual, with each broker not on provisional status being responsible for their own advertising, the supervising BIC being responsible for training, education, and monitoring.  BICs would still be responsible for provisional broker’s advertisements. Mr. Ramseur was not present for the vote.
Requirements for a Sole Proprietorship to have a BIC [Task Force Recommendation #1]Upon a motion from Ms. Mallette, the Commission agreed to move forward with considering amendments to Rule A .0110 to exclude advertising as a trigger for becoming a BIC by deleting subsection (b)(2).  The Commission noted that a sole proprietor could still choose to designate themselves as a BIC even if not required to do so by the Rule. Mr. Bell voted against the motion. Mr. Ramseur was not present for the vote.
Transaction Experience Requirement [Task Force Recommendation #5]Upon a motion from Mr. Aceto, the Commission agreed to move forward with considering amendments to the law and/or rules to eliminate a transaction experience requirement. Mr. Bell voted against the motion. Ms. Mallette abstained. Mr. Ramseur was not present for the vote.

Draft Rule Text: The Compliance Manager presented a memo outlining proposed text for possible rule changes as discussed by the Commission at its October 2024 meeting. She also presented a proposed schedule for the rulemaking process to provide for an effective date of July 1, 2024, noting that this would require a vote from the Commission at its December 2024 meeting. The Compliance Manager reviewed proposed text changes with the understanding that further discussion and deliberation will take place at the December meeting.

Appearances and Speeches: The Executive Director provided a report on recent speeches and reviewed the upcoming speeches and appearances. Mr. Lindsey noted that he and Mr. Aceto had a warm response from the NC REALTORS® and that their listening session was well received. He would have liked to have had a little more time, and he would like to determine whether there is an opportunity to present at the January Leadership meeting in Greensboro. Ms. O’Connor commended the Executive Director and the Director of Regulatory Affairs on their “You be the Judge” presentation. Mr. Alston asked that the city where presentations occur be added to the exhibit on upcoming meetings. Ms. Mallette asked that the Diversity, Equity, and Inclusion Officer’s presentations be added to the exhibit as well. Mr. Alston noted that care should be taken not to have too many members at an event in such a way that it could be construed as a meeting. Ms. Mallette would like more specificity about each event type on the exhibit.

Sewer Easement Request of Beazer Homes: The Executive Director presented a request from Beazer Homes for a temporary sewer easement through the Commission’s entrance down to the lower parking lot, and a permanent expansion of the existing sewer easement to accommodate a larger pipe. She noted that Beazer Homes is putting in a townhome project on St. Albans Driveand the City of Raleigh has told Beazer Homes that they must expand the sewer line in order to put the townhomes in. The Director of Regulatory Affairs stated that staff would like to have an appraiser come in and determine the value of granting the requested access. The Executive Director noted that Beazer Homes said that the project should take about thirty days, but that she believes it could take much longer depending upon weather and other factors. Mr. Bell stated that this easement is likely to happen whether it is with Beazer or later down the line by the City of Raleigh. Mr. Bell recommended that prior to the appraiser coming in, an engineer look at the easement. He recommended that the Commission work with Beazer. The Director of Regulatory Affairs stated that after the appraiser and engineer return their reports, the Commission can meet in closed session to discuss the project. The Chief Administrative Officer noted that Beazer was open to conducting the project when the Commission building was not in high use. Mr. Alston reminded the members that the Commission has the right to say no to the project. Mr. Lindsey asked to give staff general direction on ascertaining an engineer’s report and an appraisal and provide a timeline to the Commission. He would also like staff to consult with Mr. Bell and Mr. Ramseur on what the reports should say. Various members would like to know if Beazer Hones has any other options.

Report on License Numbers: As of November 1, 2024, there are 123,443 brokers and firms licensed by the Commission, as follows:

Active Full Brokers – 82,647

Active Provisional Brokers – 4,910

Brokers-in-Charge – 17,451

BIC Eligible Brokers – 6,608

Inactive Full Brokers – 23,360

Inactive Provisional Brokers – 6,262

Firms17,175

Limited Nonresident Commercial Brokers – 261

Next Commission Meeting: The next Commission meeting will be held at 9:00am, December 11, 2024, at the North Carolina Real Estate Commission in Raleigh, NC and is open to the public. It can be viewed via Zoom online video.

Commission Meeting of October 16, 2024

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 October 16, 2024

Pending Cases: The Commission entered into consent agreements to suspend 11 licenses, accepted the permanent voluntary surrender of 1 licensee, accepted the voluntary surrender of 1 licensee, authorized injunctive relief involving 1 licensee, ordered hearings in cases involving 11 licensees, closed cases without action against 3 licensees, approved the issuance of 1 real estate broker license, and left 4 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: 7; continued: 2; deferred: 1.

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.

Preliminary Discussion of 2025-2026 General and BIC Update Course Topics: The Director of Education and Licensing and the Assistant Director of Education and Licensing presented possible topics for the 2025-2026 General and BIC Update Courses and suggested that topics be selected at the November or December meeting so that drafting can begin early in 2025 for rollout of a final course on July 1, 2025. The Director of Education and Licensing and the Assistant Director of Education and Licensing reviewed previous topics and sections that the Commission has previously directed be included in every course. Mr. Ramseur asked that the amount of content not exceed the time reasonably necessary to teach it well. Ms. O’Connor concurred with the staff recommendation that basic agency law principles be addressed; Mr. Black noted that it would be helpful also to reiterate the common law of agency and the importance of protecting the consumer. Mr. Lindsey stressed the importance of Fair Housing, particularly in residential sales. The Director of Education and Licensing and the Assistant Director of Education and Licensing asked that the members suggest any other topics they might want to consider.

Update on NCREEA Fall Conference: The Director of Education and Licensing reported that the NCREEA Fall Conference was cancelled due to Hurricane Helene. It has been rescheduled for November 12 in a virtual format. The Director of Education and Licensing noted that registration will be free.

Report on October 8 Educators Townhall: The Assistant Director of Education and Licensing reported on the Educators Townhall that took place on October 8. The Assistant Director of Education and Licensing noted that topics included rulemaking, assisting Hurricane Helene victims, and tips for how instructors can get hired (upon completion of training). The Assistant Director of Education and Licensing stated that the Townhall was very productive and about 68 instructors attended including Commission members O’Connor and Black.

ARELLO Education Video: The Director of Education and Licensing shared the ARELLO Education Award Video recognizing the Commission’s groundbreaking Item Writing Workshops, where Commission staff and approved real estate instructors participated in creating test items for the licensing exam.

Report on NCREC Item Writing Workshop: The Director of Education and Licensing reported that planning for another Item Writing Workshop is underway.

SCREC Request for Revisions to Reciprocal Licensing Agreement: The Commission reviewed the South Carolina Real Estate Commission’s request for revisions to the Reciprocal Licensing Agreement currently in place between the two states. Upon the motion of Ms. O’Connor, the Commission approved the request for revisions, with the condition of removing the word “Reciprocal” from the title of the Licensing Agreement and any mentions of the word “reciprocity” throughout the Agreement. Mr. Lindsey will sign the Agreement with these changes reflected and return to the SCREC for signature and execution.

Financial Report: The Commission received and reviewed the monthly Financial Report presented by the Chief Financial Officer for the period ending September 30, 2024.

Independent Auditor’s Report: The Commission received and reviewed the FY2023-2024 Independent Auditor’s Report presented by Ms. Newell. Ms. Newell noted that the audit was clean and BRC has issued the highest opinion an auditor can give. Upon the motion of Mr. Lindsey, the Commission approved the audit. The Commission discussed the process of selecting the auditors, including the desirability of having different auditors within or across firms reviewing the Commission’s financial statements.

Appeals: The Director of Regulatory Affairs reported that MV Realty withdrew its appeal and that case has been dismissed with prejudice. The Shipman appeal remains pending; the Attorney General’s office is seeking a dismissal.

BIC Span of Control Workgroup Recommendations: The Executive Director reviewed the BIC Span of Control spreadsheet outlining the recommendations of the Workgroup. She indicated that she would include a full report with the spreadsheet at the November meeting for further discussion and possible decision-making.

Annual Report to the State: The Executive Director provided the Commission the Annual Report to the State, a report required by law that contains NCREC data and is supplied to various agencies in State government. It is available on the Commission’s website.

FY2024-2025 Project Summaries: The Executive Director gave a brief overview of the NCREC Project Summaries. The Executive Director noted that the deliverables marked with a green check have been completed.

DEI Update: The Diversity, Equity, and Inclusion Officer reviewed the DEI work that has been done this calendar year thus far. She noted that three additional schools were added to the HBCU outreach project, resulting in ten schools in total. The Diversity, Equity, and Inclusion Officer noted DEI highlights, including on-campus presence, hosted programming, participation in career fairs, and exposure to students. The Diversity, Equity, and Inclusion Officer discussed additional successes for students in Lunch & Learns and networking events. The Diversity, Equity, and Inclusion Officer concluded her presentation with coverage on how outreach, networking, training, and the DEI website will be expanded in the future. She reported that she is working with Education and Licensing and Regulatory Affairs Divisions to put together a Fair Housing Symposium.

Evaluation of Statements of Economic Interest for Commission Members Alston and Bell: The Executive Director gave a brief overview of the Statement of Economic Interest for Commission Members. The Executive Director then read into the record of the Commission’s meeting the results of the Evaluations of the Statements of Economic Interest of Commission members Alston and Bell by the North Carolina State Ethics Commission; namely, that the Ethics Commission did not find an actual conflict of interest but did find the potential for a conflict of interest, and that the potential conflict does not prohibit their service on the Commission. The Executive Director concluded that these Statements will be kept on file as required by law.

Report on License Numbers: As of October 1, 2024, there are 122,643 brokers and firms licensed by the Commission, as follows:

Active Full Brokers – 77,186

Active Provisional Brokers – 4,884

Brokers-in-Charge – 17,350

BIC Eligible Brokers –6,589

Inactive Full Brokers – 17,129

Inactive Provisional Brokers – 6,126

Firms17,062

Limited Nonresident Commercial Brokers -256

Next Commission Meeting: The next Commission meeting will be held at 9:00am, November 13, 2024, at the North Carolina Real Estate Commission in Raleigh, NC and is open to the public. It can be viewed via Zoom online video.

Commission Meeting of September 18, 2024

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 September 18, 2024

Pending Cases: The Commission entered into consent agreements to reprimand 1 licensee, suspend 12 licenses, accepted the permanent voluntary surrender of 5 licenses, ordered hearings in cases involving 5 licensees, and closed cases without action against 7 licensees.

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: 19; total approved: 6; total approved with conditions: 4; continued: 7; withdrawn: 1; deferred: 1.

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.

Spring Educator’s Conference: The Director of Education and Licensing reported that the 2025 Spring Educators Conference will be held at the McKimmon Center in Raleigh on Thursday, March 27. The theme is, “Raleighwood – How to be an Education Star!” and the fee will be $49. The Director of Education and Licensing noted that staff will work to increase the size of the event.

Update Instructor Seminars: The Assistant Director of Education and Licensing noted that the Education staff has conducted six of the 2024-25 Update Instructor Seminars. There are now 254 instructors who have an active update instructor status. There are two more scheduled Update Instructor Seminars, the first on December 3, 2024, and another on April 3, 2025. The Assistant Director of Education and Licensing and Director of Education and Licensing noted that most staff have also taken an in-house version of the Update Course, as have some Commission members.

NCREEA Fall Conference: The Director of Education and Licensing reported that the Fall NCREEA Conference will be in Cherokee, NC. Many of the Education staff will attend NCREEA. Also, certain members of Commission staff have been invited to conduct an Item Writing Workshop and several will also participate in a panel discussion about License Law and Commission rules. [NOTE: This event was subsequently cancelled due to severe weather impacts in Western North Carolina.]

Financial Report: The Commission received and reviewed the monthly Financial Report presented by the Chief Financial Officer for the period ending August 31, 2024.

Appeals: The Director of Regulatory Affairs reported that Ms. Joellen Shipman’s appeal case is being handled by an attorney from the NC Office of the Attorney General who is filing for a dismissal in light of Ms. Shipman’s failure to perfect their appeal. The appeal of the MV Realty case is also ongoing and is being handled by outside counsel in accordance with an agreement with the Attorney General’s Office.

Rulemaking: The Compliance Manager presented a memo outlining proposed rulemaking with a proposed schedule for those rules. The Director of Regulatory Affairs noted that there may be additional rulemaking tracks this year, including rule changes recommended by the BIC Span of Control Workgroup. The Compliance Manager stated that rulemaking takes 6-9 months to complete; they reviewed the schedule noting that it includes additional time to accommodate changes requested by the Commission, the Rules Review Commission, and the like. Staff compiled 17 recommendations received from Commission members, staff, and members of the public. The Compliance Manager reviewed the following proposed rulemaking topics, and the Commission took the actions indicated below:

21 NCAC 58A .0104 – Agency Agreements and DisclosureUpon the motion of Ms. O’Connor, the Commission directed staff to draft proposed text in accordance with Recommendations 1-3.
21 NCAC 58A .0106 – Delivery of InstrumentsUpon the motion of Mr. Ramseur, the Commission directed staff to draft proposed text in accordance with Recommendation 4.
21 NCAC 58A .0112 – Offers and Sales ContractsMr. Ramseur moved that the Commission make no change to the existing rule; he later withdrew the motion. Upon the motion of Ms. Mallette, the Commission voted to table discussion on Recommendation 5.
21 NCAC 58A .0302 – License Application and FeeUpon the motion of Ms. O’Connor, the Commission directed staff to draft bifurcated proposed text in accordance with Recommendation 6, one draft to prohibit an applicant from reapplying for licensure after a set period of time if their application is withdrawn after a Notice of Hearing has been issued, and a separate draft that would place a time limitation on the applicant’s ability to reapply if their application is denied following a hearing. Mr. Black, Mr. Fox, and Mr. Malarney voted against the motion.
21 NCAC 58A .0502 – Firm LicensingUpon the motion of Mr. Ramseur, the Commission directed staff to draft proposed text in accordance with Recommendation 7. Mr. Aceto voted against the motion. Upon the motion of Mr. Ramseur, the Commission directed staff to draft proposed text in accordance with Recommendation 8, the draft to provide that the rule would apply if a finding of probable cause has been made as to the pending disciplinary matter(s) in question.
21 NCAC 58A .0503 – License RenewalUpon the motion of Mr. Black, the Commission voted not to pursue Recommendation 9 at this time. Mr. Lindsey and Mr. Bullard voted against the motion.
21 NCAC 58A .0615 – SettlementsUpon the motion of Mr. Ramseur, the Commission voted not to pursue Recommendation 10. Mr. Lindsey and Mr. Fox voted against the motion.
21 NCAC 58H .0401 – Approval of Real Estate Education Courses 21 NCAC 58H .0402 – Continuing Education Elective Course RequitementsUpon the motion of Mr. Bullard, the Commission directed staff to draft proposed text in accordance with Recommendations 11 and 12.
21 NCAC 58H .0206 – Advertising and Recruitment ActivitiesUpon the motion of Ms. O’Connor, the Commission directed staff to draft proposed text in accordance with Recommendation 13, the duration to be determined.
21 NCAC 58H .0302 – Application and Criteria for Instructor ApprovalUpon the motion of Mr. Black, the Commission directed staff to draft proposed text in accordance with Recommendation 14, including existing as well as new instructors. Mr. Ramseur, Ms. Mallette, and Mr. Aceto voted against the motion.
21 NCAC 58A Section 1800 – Limited Non-resident Commercial LicensingUpon the motion of Mr. Bullard, the Commission directed staff to draft proposed text in accordance with Recommendation 15.
21 NCAC 58A .0511; NC Gen. Stat. § 93B-15.1 – Licensing Persons Licensed in Another JurisdictionUpon the motion of Mr. Lindsey, the Commission tabled discussion of Recommendation 16.
21 NCAC 58A .1601 – Fair Housing and 21 NCAC 58A .0120 – Prohibited ActsUpon the motion of Mr. Lindsey, the Commission directed staff to look at additional ways to strengthen education on, and enforcement of, Fair Housing violations.

NAR Settlement-Article and Talking Points: The Commission approved the draft article, “Has the World Exploded? The NAR Settlement, Commission Law and Rules” for publication in the next eBulletin.

Executive Director Performance Evaluation Template: The Executive Director presented a draft template of the revised Executive Director performance evaluation which reviewed the Personnel Committee recommended for approval by the full Commission. Ms. O’Connor noted that the Performance Evaluation matches with the Executive Director’s job description. Upon a motion from Mr. Aceto, the Commission adopted the current Executive Director Performance Evaluation to be in place this calendar year. Mr. Aceto asked that the date approved be added to the Performance Evaluation. 

Report on Recent Appearances and Speeches: The Executive Director and Director of Regulatory Affairs presented to the Greensboro Regional REALTORS® Association on September 4, 2024.  Mr. Aceto and the Director of Regulatory Affairs presented to the Land of the Sky Association of REALTORS® on September 6, 2024. Mr. Aceto commended the Director of Regulatory Affairs on the presentation. Mr. Ramseur commended the presentation of Ms. Moody, Deputy Legal Counsel, to the NC Bar Association the week prior to the Commission meeting.

Report on License Numbers: As of September 1, 2024, there are 121,752 brokers and firms licensed by the Commission, as follows:

Active Full Brokers – 76,522

Active Provisional Brokers – 4,792

Brokers-in-Charge – 17,219

BIC Eligible Brokers – 6,599

Inactive Full Brokers – 17,234

Inactive Provisional Brokers – 6,026

Firms16,930

Limited Nonresident Commercial Brokers – 248

Next Commission Meeting: The next Commission meeting will be held at 9:00am, October 16, 2024, at the Sanderling Resort in Duck, NC and is open to the public. It can be viewed via Zoom online video.

Commission Meeting of August 14, 2024

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

Firms16,799

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 Meeting of July 17, 2024

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 July 17, 2024

Pending Cases: The Commission entered into consent agreements to suspend 2 licenses, accepted the permanent voluntary surrender of 2 licenses, ordered hearings in cases involving 12 licensees, closed cases without action against 6 licensees, authorized injunctive relief involving 1 licensee, and denied the issuance of 1 real estate broker license.

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: 14; total approved: 3; total approved with conditions: 5; continued: 5; deferred 1.

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

Allan R. Dameron Legal Internship Award: The Commission presented the Allan R. Dameron Legal Internship Award to Caroline Plumides – Carolina Central University and Gabrielle Sigmon – University of North Carolina at Chapel Hill.

Ethics Commission SEI Evaluation Letter: The Executive Director read into the record of the Commission’s meeting the results of the Evaluations of the Statements of Economic Interest of Commission members Aceto, Black, Lindsey, Malarney, Mallette, O’Connor, and Ramseur by the North Carolina State Ethics Commission; namely, that the Ethics Commission did not find an actual conflict of interest but did find the potential for a conflict of interest, and that the potential conflict does not prohibit their service on the Commission. The Executive Director also noted that no biennial evaluation was required for Commission members Bullard and Fox.

FY2024-25 Draft Project Summaries: The Executive Director presented the draft project summaries for the coming year to the Commission, including staff suggestions, and Vice Chair Lindsey’s suggestions. Upon a motion from Mr. Aceto, the Commission voted to remove item 4, DEI Licensee survey, from the staff draft projects list. Mr. Lindsey, Mr. Malarney, Ms. Mallette, and Ms. O’Connor voted against the motion. The Director of Regulatory Affairs gave an overview of the software the Regulatory Affairs staff are already using to assist with audits and investigations, especially trust accounts. Given this information, Mr. Lindsey agreed that no additional project is needed at this time on this topic. Mr. Ramseur suggested educating licensees on the availability of third-party options to monitor trust accounts. The Executive Director noted that while licensee disciplinary histories are currently digitized and attached to the licensee’s record, they should be searchable and this project is set out on the staff list as item #12. After a robust discussion on the process for complaints declined by staff, Mr. Lindsey withdrew his request to make this a project on the 2024-25 Project Summaries list. As to the suggestion to strengthen enforcement of unlicensed practice, the Executive Director responded that eliminating the limited nonresident commercial license is a topic for possible rulemaking and will come to the Commission in September in that context and that wholesaling may be a topic for proposed legislation. The Commission has no authority to regulate homeowner associations. Upon a motion from Ms. O’Connor, the Commission agreed to accept the Project Summaries as presented with the exception of project number 4.

Monthly Financial Report, Quarterly Investment, and Education & Recovery Fund Report: The Commission received the monthly Financial Report, Quarterly Investment Report, and Education & Recovery Fund Report presented by the Chief Financial Officer for the period ending June 30, 2024.

FY2024-2025 Projected Receipts and Disbursements: The Chief Financial Officer presented the FY2023-2024 Projected Receipts and Disbursements. The Chief Financial Officer noted that the Finance Committee (Mr. Lindsey and Mr. Ramseur) had earlier reviewed the projections in detail. Upon the motion of Mr. Lindsey on behalf of the Finance Committee, the Commission accepted the Projected Receipts and Disbursements for the Fiscal Year Ending June 30, 2025, as presented. 

ARELLO Sponsorship: Upon a motion from Mr. Fox, the Commission approved a $7,500 sponsorship for the installation of the Director of Regulatory Affairs as the 2025 ARELLO President. Mr. Black was not present for the vote.

Appeals: The Director of Regulatory Affairs reported that Ms. Joellen Shipman’s appeal of her disciplinary case to Superior Court was dismissed.  She has since filed a notice of appeal with the North Carolina Court of Appeals.  Staff reported that it appears Ms. Shipman has missed her window to appeal to the Court of Appeals. The Director of Regulatory Affairs will keep the Commission apprised of the progress of that appeal. The appeal of the MV Realty case is ongoing.

Legislative Report: The Executive Director reviewed the Legislative Report, summarizing bills that are currently pending in the General Assembly that relate to real estate brokerage, occupational licensing, or other matters of interest to the Commission.

Renewals: The Director of Education and Licensing provided a report on the 2024 Renewals noting that following closeout on July 1, 2024, 89% of brokers and 86% of firms renewed their licenses, which is slightly below previous years. A total of 3,953 licensees were marked inactive due to a CE deficiency, and 12,257 licenses expired due to failure to renew. The Director of Education and Licensing noted that in the last 2 weeks, License Services has reinstated 1,844 brokers and firms. The Director of Education and Licensing commended the Technology Services Manager and the Chief Technology Officer on the detailed reports they provided throughout the renewal period.

Education Provider and Instructor License Examination Performance: The Director of Education and Licensing provided a report on Education Provider and Instructor License Examination Performance, noting that there were no instructors that performed under the 40% threshold and only one Education Provider who is under the threshold. The Education Provider in question is planning to retire.

Year-End CE Student Survey: The Assistant Director of Education and Licensing provided a report on the year-end CE student survey noting that 6,503 surveys were returned over the course of the year. The overall result was positive. Some feedback was received that the sound and video quality was poor, and this has been rectified for the 24-25 Update in the AI videos. Ms. O’Connor commended the staff on the new Update Course, and the creation of the GENUP and BICUP with clear differences between the two courses. Mr. Bullard asked if the Commission could teach Civics. The Executive Director noted that limited civics can be taught in Commission courses if it relates to consumer protection in brokerage practice.

Fair Housing Conference: The Director of Education and Licensing noted that he and the DEI Officer attended a Fair Housing conference. The Director noted that the presentations were excellent and that there were discussions about AI and meta tags in advertising, along with presentations from HUD, the CFPB, and other federal agencies. The US Department of Justice is working on numerous land scams targeting immigrants. The Director of Education and Licensing, the DEI Officer, and the Assistant Director of Education and Licensing will use the information obtained for educational purposes for licensees and the public.

Report on License Numbers: As of July 1, 2024, there are 115,355 brokers and firms licensed by the Commission, as follows:

Active Full Brokers – 78,465

Active Provisional Brokers – 4,019

Brokers-in-Charge – 16,601

BIC Eligible Brokers – 6,766

Inactive Full Brokers – 21,485

Inactive Provisional Brokers – 5,354

Firms15,212

Limited Nonresident Commercial Brokers – 193

Next Commission Meeting: The next Commission meeting will be held at 9:00am, August 14, 2024, in the Commission’s office in Raleigh and is open to the public. It can be viewed via Zoom online video.

Commission Meeting of June 19, 2024

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 June 19, 2024

Pending Cases: The Commission entered into consent agreements to suspend 5 licenses, accepted the permanent voluntary surrender of 2 licenses, ordered hearings in cases involving 5 licensees, closed cases without action against 3 licensees, reprimanded 1 licensee, and approved the issuance of 1 real estate broker license.

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: 13; total approved: 5; total approved with conditions: 5; continued: 3.

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

2024-2025 Business and Related Insurance Proposals: The Executive Director presented the Insurance Report, including options for carriers, coverage, and costs thereof for the Commission’s business. The Director noted that the Finance Committee (Mr. Lindsey and Mr. Ramseur) had met to review the coverage in detail and recommended its approval without changes. Upon the motion of Mr. Lindsey, the Commission voted to purchase or renew certain insurance policies, each of which is more particularly described in the report.

Mutual Agreements with Various Occupational Licensing Boards: The Executive Director reported that the Commission has been approached by other occupational licensing boards regarding Emergency Disaster Plans. The Commission has a plan in place that includes a mutual agreement with the Appraisal Board that each board can use the other’s space if their office is closed following a disaster. Now, other boards have asked for a similar partnership. Upon a motion from Mr. Black, the Commission authorized the Executive Director to explore agreements with other boards, with any such agreement first being approved by the Commission.

Financial Report: The Commission received and reviewed the monthly Financial Report presented by the Chief Financial Officer for the period ending May 31, 2024. Mr. Lindsey noted that the Finance Committee met and reviewed the preliminary budget for FY24-25. The Commission will consider a proposed budget at its July meeting. Mr. Black commended the Accountant Executive for reminders to the Commission about expense reimbursement.

Appeals: The Director of Regulatory Affairs reported that following Ms. Joellen Shipman’s unsuccessful appeal of her disciplinary case to Superior Court, she filed a notice of appeal with the North Carolina Court of Appeals. The Director of Regulatory Affairs will keep the Commission apprised of the progress of that appeal. The appeal of the MV Realty case is ongoing in Superior Court.

Legislative Report: The Director of Regulatory Affairs reviewed the Legislative Report, summarizing bills that are currently pending in the General Assembly that relate to real estate brokerage, occupational licensing, or other matters of interest to the Commission.

Renewal Progress: The Director of Education and Licensing reported 97,620 licensees (75%) have renewed their licenses and that renewal is on pace with recent prior years. Regarding CE, 92% of brokers have completed the required courses. There are 6,120 licensees that are CE deficient. The Director of Education and Licensing noted that last year, there were 21,934 phone calls to the License Services section at this time of year, and this year there were 11,511 phone calls received during the renewal period to date. The Director of Education and Licensing commended the IT staff and the License Services staff as well as those who pre-planned and worked renewals. The Director of Education and Licensing stated that there are 500 instructors and none of the instructors will be limited due to performance. One Education Provider will be limited but is retiring.

Update Course Development: The Assistant Director of Education and Licensing provided a brief report on the Update course development, noting that the 2024-2025 Update course is complete. The theme for the Update is “Play to Win” and is powered by AI. The Assistant Director shared a sample of the Update PowerPoint presentation including an introductory video.

Ethics Course: The Director of Education and Licensing reported that the ethics course the Commission members and the Executive Director are required to take bi-annually has been reformatted using Synthesia.  He noted that the Consumer Resource Officer and the Communications Officer completely revamped the ethics course with AI. The training should take about three-and-a-half hours to complete. The Chief Technology Officer will provide a link to the Commission Members to take the course. Mr. Bullard commended staff for handling questions to the members that they ethically cannot respond to and assisting licensees with those matters.

License Exam Performance Reporting: The Director of Education and Licensing reported that after a discussion with the Commission’s Software Engineer, staff recommends building a report for persons interested in education provider’s pre-licensing course pass rates that provides real-time data for any period of time the viewer is interested in researching. Creating a user interface for the data will be a proposed project for the 24-25 fiscal year.

Election of Commission Officers for period August 2024 to July 2025: Ms. Mallette reported that the Nominating Committee nominated Mr. Aceto to serve as Vice-Chair and Mr. Lindsey to serve as the Chair for 2024-2025. Upon the motion of Ms. O’Connor, the Commission elected Mr. Aceto as the 2024-2025 Vice Chair and Mr. Lindsey as the 2024-2025 Chair of the Commission. Mr. Fox was not present for the vote.

BIC Span of Control Workgroup: Mr. Lindsey provided a brief report on the progress of the BIC Span of Control Workgroup noting that the workgroup has held eight meetings, completed the discussion of ten items that came out of the BIC Focus Groups, and voted on recommendations relating to four of those items. The workgroup will bring a full report to the entire Commission when all items have been considered.

Report on License Numbers: As of June 1, 2024, there are 112,196 brokers and firms licensed by the Commission, as follows:

Active Full Brokers – 86,530

Active Provisional Brokers – 5,047

Brokers-in-Charge – 18,359

BIC Eligible Brokers – 6,483

Inactive Full Brokers – 25,666

Inactive Provisional Brokers – 8,240

Firms17,792

Limited Nonresident Commercial Brokers – 276

Next Commission Meeting: The next Commission meeting will be held at 9:00am, July 17, 2024, in the Commission’s office in Raleigh and is open to the public. It can be viewed via Zoom online video.

Commission Meeting of May 22, 2024

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 May 22, 2024

Pending Cases: The Commission entered into consent agreements to suspend 13 licenses, accepted the permanent voluntary surrender of 2 licenses, ordered hearings in cases involving 6 licensees, left cases pending involving 2 licensees, reprimanded 2 licensees, and authorized injunctive relief involving 2 licensees.

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 made based upon criminal background checks, information supplied by the applicant, and in-person interviews.

Total candidates considered: 18; total approved: 4; total approved with conditions: 5; continued: 4; and postponed: 1; deferred: 4.

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

Medical/Dental Insurance Proposals: The Executive Director reported that she, the Chief Administrative Officer Administrator, and the Commission’s Personnel Committee (Mr. Bullard and Mr. Aceto), along with Commission Chair Malarney, met with Mr. Parham McNair, CLU, ChFC, to review options for continuation of health, and dental insurance benefits for staff. Upon the motion of Mr. Aceto on behalf of the Personnel Committee, the Commission voted to adopt the recommendation of the Personnel Committee and continue the current insurance coverage and benefits.

2024-25 Projects: The Executive Director noted that if any of the members have any projects, they would like to add to the 2024-25 projects list, she would like them to email her with their ideas.

Financial Report: The Commission received and reviewed the monthly Financial Report presented by the Chief Financial Officer Executive for the period ending April 30, 2024.

Appeals: The Assistant Director of Regulatory Affairs reported that Ms. Joellen Shipman appealed the Commission’s decision in her October hearing and the court denied her appeal. The Director of Regulatory Affairs reported that MV Realty has appealed the Commission’s decision and asked for a stay of the order. Outside counsel, Shannon Joseph of the Morningstar Law Group, appeared on the Commission’s behalf and the request for a stay was denied.

Legislative Report: The Executive Director and the Director of Regulatory Affairs reviewed the Legislative Report and summarized bills that are currently pending in the General Assembly that relate to real estate brokerage, occupational licensing, or other matters of interest to the Commission.

Residential Property and Owners’ Association Disclosure: The Executive Director presented the Commission with minor corrections to the Residential Property and Owners’ Association Disclosure (RPOADS). Upon the motion of Mr. Black, the Commission adopted the minor corrections to the RPOADS.

Law & Policy Committee Report: Mr. Fox and Ms. Mallette, the Law and Policy Committee, met on April 29 to discuss whether the Commission should pursue legislation authorizing the Commission to fine licensees. Ms. Mallette provided an overview of the Committee meeting noting the conversation was comprehensive. She reported that the Committee discussed the benefits of having the ability to assess fines in order to more efficiently adjudicate cases, the possible range of the amounts of fines, and the potential hurdles to get this type of legislation through the General Assembly. The Committee noted that the actual funds collected would not come to the Real Estate Commission but would go to the local County School Board of the applicable county. The Committee was mindful of the need for the Commission to be very thoughtful about how, when and on what issues it expends political capital. Ms. Mallette concluded that after consideration of the issue, while the Law and Policy Committee recognizes the benefits of the Commission having authority to fine, they do not believe that the timing is right to pursue necessary legislation given the other issues and changes currently occurring in the industry and the political capital that would be required. Upon a motion from Ms. Mallette, the Commission voted to cease further formal efforts to work towards legislation to grant the Commission the authority to fine licenses.

Local Rules: The Director of Regulatory Affairs presented proposed updates to the Commission’s local rules of practice before the Commission and provided an overview of the changes. Upon a motion from Mr. Lindsey, the Commission adopted the changes proposed.

Renewal Progress: The Director of Education and Licensing reported that 129,445 licensees need to renew by June 30, 2024, in order to maintain a license. He reviewed the comprehensive planning for renewals, including advance electronic notices and reminders in the Commission’s social media and the e-Bulletin. On the first day of renewals, License Services renewed 12,079 licenses, and as of Wednesday morning, 37,336 brokers have renewed. The Director of Education and Licensing commended the IT staff and the License Services staff as well as those who pre-planned for renewals.

Consumer Outreach: The Consumer Resource Officer provided an overview of current consumer outreach projects reviewing social media updates, outside events, and consumer presentations, and the creation of a “Careers in Real Estate: An Inside Look” video.

YouTube Videos: The Communications Officer provided a report on the updates made to the Commission’s YouTube video library and how it has been modernized and enhanced. She also demonstrated Synthesia software which creates videos. Mr. Lindsey suggested adding information on the complaint process to YouTube and the Commission’s consumer materials.  He would also like to inform all the education providers about the availability of the YouTube library. He commended the staff on their engagement efforts.

Report on License Numbers: As of May 1, 2024, there are 129,445 brokers and firms licensed by the Commission, as follows:

Active Full Brokers – 86,109

Active Provisional Brokers – 5,173

Brokers-in-Charge – 18,316

BIC Eligible Brokers – 6,430

Inactive Full Brokers – 25,342

Inactive Provisional Brokers – 7,977

Firms17,723

Limited Nonresident Commercial Brokers – 271

Next Commission Meeting: The next Commission meeting will be held at 9:00am, June 19, 2024, in the Commission’s office in Raleigh and is open to the public. It can be viewed via Zoom online video.

Commission Meeting of April 24, 2024

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 April 24, 2024

Pending Cases: The Commission entered into consent agreements to suspend 17 licenses, accepted the permanent voluntary surrender of 9 licenses, ordered hearings in cases involving 18 licensees, left cases pending involving 3 licensees, reprimanded 2 licensees, closed cases with a warning against 3 licensees, and closed cases without action against 1 licensee.

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 made based upon criminal background checks, information supplied by the applicant, and in-person interviews.

Total candidates considered: 19; total approved: 7; total approved with conditions: 4; continued: 7; and postponed: 1.

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

Project Summaries: The Executive Director reviewed the 2023-2024 Project Summaries noting projects that have been completed or extended since the March Commission meeting. The Executive Director reported that Mr. Lindsey asked that the members discuss at the May meeting any projects they would like to be considered in the upcoming fiscal year, including whether to undertake another SWOT analysis.

Conference Reimbursement: Upon a motion from Mr. Aceto, the Commission approved sending Commission members to the upcoming national Real Estate Educators Association (REEA) conference in Memphis, Tennessee June 25-29, 2024.

Monthly Financial Report, Quarterly Investment, and Education & Recovery Fund Report: The Commission received the monthly Financial Report, Quarterly Investment Report, and Education & Recovery Fund Report presented by the Chief Financial Officer for the period ending March 31, 2024

Audit Services: Upon a motion from the Finance Committee (Mr. Lindsey and Mr. Ramseur), the Commission accepted the audit services bid of Bernard Robinson and Company for three years beginning with the audit of the upcoming year’s financial statements.

Regulatory Report: The Director of Regulatory Affairs reviewed a report showing the status of all cases pending in the Regulatory Affairs Division as of March 31, 2024. At Mr. Lindsey’s request, the Director of Regulatory Affairs will provide a report to the Commission at the May meeting regarding complaints received during the month where staff declined to open a file. She noted that this typically occurs when the Commission does not have jurisdiction, or the complaint does not allege a violation of the law or rules.

NC Office Attorney General Request: Upon a motion from Ms. Mallette, the Commission voted to have staff prepare a request to the NC Office of the Attorney General for an opinion concerning the extent of the Commission’s jurisdiction over out-of-state companies engaged in brokerage services in North Carolina, particularly property management. Mr. Bullard and Mr. Lindsey were not present for the vote.

Spring Educators Conference: The Director of Education and Licensing reported that the Spring Educators Conference was held on Tuesday, March 19, 2024, at the McKimmon Center on North Carolina State University’s campus. Approximately 350 people registered, and despite a budget request for $25,000 to cover the cost of the Conference, it netted a profit of $321.25 as a result of various budget savings. The Director of Education and Licensing noted that over the last two years, the Spring Educators Conference has become the largest gathering of educators in the country. The Director of Education and Licensing asked that the Finance Committee still consider allotting a $25,000 budget for the Educators Conference for the next year.

April Town Hall: The Assistant Director of Education and Licensing reported that the Education Town Hall was held on April 9 and attended by seventy-five educator providers and instructors on Zoom. The Town Hall is an open forum with no agenda. Former Commission Member Cindy Chandler provided a synopsis of the NAR Settlement, an issue at the forefront of the discussion. The next Town Hall is scheduled for July 23, 2024, from 3:00 – 4:30 p.m.

License Exam Statistics: The Director of Education and Licensing reported that 80.71% of first-time test takers passed the exam in March, the first month with the new exam provider. The Director of Education and Licensing noted the exam provider transition went smoothly and that it is too early to draw conclusions from the data gathered so far.

Real Estate Manual: The Assistant Director of Education and Licensing reported that the next edition of the Real Estate Manual is scheduled for development in the fall of 2024. She indicated that staff would like to pursue greater functionality in the electronic version of the Manual. Upon a motion of Mr. Black, the Commission voted to issue an RFP to solicit bids for the next edition of the Real Estate Manual. Mr. Bullard and Mr. Lindsey were not present for the vote.

Report on License Numbers: As of April 1, 2024, there are 128,768 brokers and firms licensed by the Commission, as follows:

Active Full Brokers – 85,607

Active Provisional Brokers – 5,149

Brokers-in-Charge – 18,251

BIC Eligible Brokers – 6,361

Inactive Full Brokers – 25,248

Inactive Provisional Brokers – 7,893

Firms17,645

Limited Nonresident Commercial Brokers – 268

Next Commission Meeting: The next Commission meeting will be held at 9:00am, May 22, 2024, in the Commission’s office in Raleigh and is open to the public. It can be viewed via Zoom online video.

Commission Meeting of March 13, 2024

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 March 13, 2024

Pending Cases: The Commission entered into consent agreements to suspend 14 licenses, accepted the permanent voluntary surrender of 2 licenses, ordered hearings in cases involving 18 licensees, left cases pending involving 6 licensees, and closed cases without action against 5 licensees.

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 made based upon criminal background checks, information supplied by the applicant, and in-person interviews.

Total candidates considered: 18; total approved: 5; total approved with conditions: 6; continued: 5; and deferred: 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

Residential Property and Owners’ Association Disclosure Statement (RPOADS): The Compliance Manager reviewed the revised RPOADS, noting that it included the suggested changes requested by the Commission at the February business meeting by the Commission members. Upon a motion of Mr. Ramseur, the Commission approved the RPOADS with the following changes:

Page 1:

Page 4/Section F:

Future Legislation to Fine Licensees: The Executive Director and Director of Regulatory Affairs reviewed two spreadsheets developed by staff on the authority to fine currently held by (1) real estate authorities in other states and (2) licensing boards in North Carolina. Mr. Malarney asked the Regulatory Affairs Committee to review and report back to the full Commission. The Executive Director will work with the Director of Regulatory Affairs to schedule a Regulatory Affairs Committee meeting.

BIC Span of Control Workgroup Update: Mr. Lindsey reported that the BIC Span of Control Workgroup has met five times, starting in October of 2023. The workgroup has reviewed many issues relating to brokers-in-charge and is currently working through the ten issues raised by the BIC Span of Control focus groups. Once the Workgroup reaches conclusions on any changes it would like to see in the rules, the Workgroup will make suggestions to the full Commission; if the full Commission agrees, staff will start the rule-making process, which includes initial drafts, publication for public comment, and a period of consideration, among other things, before a final decision is made. Mr. Ramseur asked that the group look at the current role of technology and social media advertising with the current responsibilities of the BIC.

Proposed Changes to Occupational Licensing Boards’ Authority: The Director of Regulatory Affairs reported the General Statutes Commission responsible for making technical changes to the statutes is considering removing the term “moral turpitude” from the Commission’s section of the statutes, among other statutes and presented a draft of the proposed changes.

MV Realty v. NCREC: The Director of Regulatory Affairs reported that the MV Realty v. NCREC case was dismissed in the Federal Bankruptcy Court.

Examination Provider Transition Report: The Director of Education and Licensing reported that exam administration has successfully been transferred to Pearson VUE. Candidates started taking the license examination with Pearson VUE on March 1, 2024, at 68 testing centers across the state of North Carolina. The Director of Education and Licensing noted that the Real Estate Licensing in North Carolina (RELINC) publication has been updated and revamped and a new series of AI videos has been developed for those seeking a real estate license. First-time test takers since the beginning of March are performing at or better than they did with the previous examination provider.

Spring Educators Conference: The Director of Education and Licensing reported that the Spring Educators Conference is scheduled for Tuesday, March 19, 2024, at the McKimmon Center on North Carolina State University’s campus. There are 344 people registered. Over the last two years, the Spring Educators Conference has become the largest gathering of educators in the state.

Agreement with South Carolina: The Executive Director reported that South Carolina requested a written memorandum of the licensing requirements for licensees from South Carolina and that she signed an agreement outlining the requirements already required by North Carolina law and rules.  The agreement is revocable at any time.  

Report on License Numbers: As of March 1, 2024, there are 127,794 brokers and firms licensed by the Commission, as follows:

Active Full Brokers – 84,959

Active Provisional Brokers – 5,079

Brokers-in-Charge – 18,164

BIC Eligible Brokers – 6,299

Inactive Full Brokers – 25,077

Inactive Provisional Brokers – 5,079

Firms17,494

Limited Nonresident Commercial Brokers – 264

Next Commission Meeting: The next Commission meeting will be held at 9:00am, Wednesday, April 24, 2024, in the Commission’s office in Raleigh and is open to the public. It can be viewed via Zoom online video.

Commission Meeting of February 14, 2024

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 February 14, 2024

Pending Cases: The Commission entered into consent agreements to suspend 20 licenses, accepted the permanent voluntary surrender of 3 licenses, approved the issuance of 1 license, revoked 1 license, ordered hearings in cases involving 9 licensees, reprimanded 2 licensees, and closed cases without action against 2 licensees.

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 made based upon criminal background checks, information supplied by the applicant, and in-person interviews.

Total candidates considered: 16; total approved: 7; total approved with conditions: 2; continued: 6; and deferred: 1.

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

Expense Authorization for Travel: The Executive Director presented a draft Expense Authorization for Travel Policy. After discussion, the Commission agreed that that Mr. Malarney and Mr. Lindsey would work with the Executive Director and the Director of Regulatory Affairs to rework the language of the policy and bring it back to the Commission at the March meeting.

Residential Property and Owners’ Association Disclosure Statement (RPOADS): The Compliance Manager discussed the revised RPOADS including feedback from the January business meeting and Commission members. The Commission also discussed making the RPOADS available on July 1, 2024, to allow the market ample time to prepare for the new form.  Mr. Malarney commended Ms. Vuotto on her work on the RPOADS.

The Commission suggested that for the next RPOADS draft:

Proposed Changes to Occupational Licensing Boards’ Authority: The Director of Regulatory Affairs reported that the General Statutes Commission is responsible for making technical changes to the statutes. The General Statues Commission is considering removing the term “moral turpitude” from the Real Estate Commission’s section of the statutes. They are working on a draft and the Director of Regulatory Affairs will share the proposed legislation when a draft is ready.

Update Instructor Seminar: The Director of Education and Licensing provided a report on the Update Instructor Seminars (UIS) for the 2023-2024 license year and reviewed the 2024-2025 UIS budget. Upon a motion from Ms. O’Connor, the Commission approved the 2024-2025 UIS budget. Ms. Mallette was not present for the dicussion or decision in this matter.

Larry A. Outlaw Excellence in Education Award Selection: Upon the motion of Ms. O’Connor, the Commission voted to meet in closed session pursuant to N.C.G.S § 143-318.11(a)(2) with the Director of Education and Licensing to select the recipient of the Larry A. Outlaw Excellence in Education Award. Upon the motion of Mr. Ramseur, the Commission voted to come out of closed session pursuant to N.C.G.S § 143-318.11(a)(2). The recipient of the Award will be announced at the March 19, 2024, Spring Educators Conference. Ms. Mallette was not present for the discussion or decision in this matter.

Examination Provider Transition Report: The Director of Education and Licensing reported that all systems are ready to transfer exam administration from PSI to Pearson VUE. Candidates can start taking the license examination with Pearson VUE on March 1, 2024, at 68 testing centers across the state of North Carolina. In preperation for the transition, eight Instructor Development Workshops were held to assist in the item-writing process. On February 7, 2024, the Education Division met with over 100 instructors to explain the entire transition process. The Director of Education and Licensing noted that the transition process also will be discussed at the March 19, 2024 Spring Educators Conference. The Director of Education and Licensing commended the Education and Examination Officer, Chief Technology Officer and Software Engineer on the amount of detailed work that went into the transition. Ms. O’Connor commended the Director of Education and Licensing and the team for making the transition process seem effortless.

Report on License Numbers: As of February 1, 2024, there are 127,088 brokers and firms licensed by the Commission, as follows:

Active Full Brokers – 78,995

Active Provisional Brokers – 5,020

Brokers-in-Charge – 18,090

BIC Eligible Brokers – 6,238

Inactive Full Brokers – 17,401

Inactive Provisional Brokers – 7,642

Firms17,350

Limited Nonresident Commercial Brokers – 259

Next Commission Meeting: The next Commission meeting will be held at 9:00am, Wednesday, March 13, 2024, at Salem College, Dale H. Gramley Library, Reading Room in Winston Salem, NC and is open to the public. It can be viewed via Zoom online video.