Blog

July Updates

      News

Update Instructor Seminar

Last month we held our first two In-person Update Instructor Seminars for the 23/24 license year in Raleigh and Charlotte.  They were a great success!  This course is for NCREC approved instructors only.  There is no fee for the course, and no CE or Instructor credit will be awarded.  There are 5 remaining sessions scheduled both in-person and by zoom, view and register for them here

Small Claims Court Process

Buyers often ask how they can pursue a seller if they believe they are entitled to a refund of earnest money or due diligence fees paid.  For an amount less than $10,000, the claim can usually be handled before a magistrate in small claims court.  In NC, depending on the county, the maximum amount that can be claimed in small claims court is between $5,000 to $10,000.  If your claim is greater than the small claims amount but less than $25,000, the case needs to be filed in district court.  If greater than $25,000, your case must be filed in superior court.  The plaintiff will need 3 copies of their complaint, 3 copies of the Magistrate Summons, and a filing fee of $96.00 to file a case in small claims court, although local requirements may vary.  More information and forms can be found on the NC Judicial Branch website.

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 this month is July 19th here at the Commission building.  A Zoom link will be available at ncrec.gov on the day of the meeting.

June Updates

      News

Renewal Update – Last Chance!

All broker and firm licenses must be renewed by June 30th.  Provisional brokers, brokers, BIC’s, firms, limited nonresident commercial brokers, all licenses must be renewed by 6/30.  Failure to renew will cause your license to expire.  If a license expires, all brokerage activity must cease.  No actions that require a real estate license are allowed (including referrals).  If you allow your license to expire, and wish to practice real estate in the future, you will have to reinstate and reactivate your license.  This will require several steps, which get more involved the longer you wait.  Brokers can check their renewal status by logging in under the licensing tab on our website, and get answers to the most frequently asked questions in this month’s eBulletin article.

Do I need a real estate license to co-host an Airbnb?

We receive calls daily asking if co-hosting property on Airbnb requires a real estate license.  If you are performing cleaning, maintenance, recommending restaurants or local attractions, these type of activities do not require a license.  If you are handling funds of others, negotiating lease terms, or collecting rent or deposits, these activities require a real estate license.  Be careful of the terminology you use.  Do not call your fees a ‘commission’ or a ‘management fee’ as this implies that you have a license that enables you to receive those fees.  Instead, you should consider using terms such as ‘service’ or ‘maintenance’ fees or something comparable, to prevent confusion about the services you are providing.  View GS 93A-2(a) for a definition of a real estate broker and a list of activities requiring a real estate license. 

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 July 19th here at the Commission building.  A Zoom link will be available at ncrec.gov on the day of the meeting.

June Division Highlights

      News

All renewals due by 6/30.

All broker and firm licenses must be renewed by June 30th.  Brokers can check their renewal status by logging in under the licensing tab on our website, and get answers to the most frequently asked questions in this month’s eBulletin article.

Questions about estates?

We receive many calls with questions about estates.  It is possible for a licensed broker to list a property for sale on behalf of an executor or administrator of an estate.  However, everyone involved must follow NC law regarding probate of an estate.  Advice from a probate attorney is recommended for both the broker and executor or heir.  View this link for details on estates and the probate process.

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 this month is tomorrow here at the Commission building.  A Zoom link will be available at ncrec.gov on the day of the meeting.

May Division Highlights #2

      News

Only 10 days for Continuing Education

The continuing education (CE) deadline is quickly approaching.  All GenUp/BICUp and Elective courses must be completed by June 10th to remain actively licensed on July 1st.  Visit the Education tab on our website ncrec.gov, and select Search CE Course Schedule.  Enter your preferred search parameters to find available classes near you.   

Bedrooms, Occupancy Limits and Square Footage

Recently we have received calls with questions about the definition of a bedroom, e.g., if it has to have a closet, door or even 4 walls.  One consideration for the bedroom question is what the sewer or septic occupancy will allow.  City/county sewer and private septic systems have limits on occupancy based on what the system has been designed to handle, and you cannot advertise more bedrooms than the occupancy limit.  Similarly there have been calls about square footage, and what counts and what does not for valuation purposes.  See this Bulletin article for details on the difference between NCREC Residential Square Footage Guidelines vs. ANSI Standard to help answer this question. 

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 June 14th here at the Commission building.  A Zoom link will be available at ncrec.gov on the day of the meeting.

May Division Highlights

      News

Renewal is Open

The renewal portal for real estate licenses is now open at NCREC.  All broker, firm and LNCL licenses must be renewed no later than 11:59 PM on June 30th.  On the home page of the Commission’s website, choose the Licensing tab and scroll down to Licensee Login or Firm Login to renew.  Once you have logged in, click the link “Renew Your License” and follow the instructions.

Cemetery and Grave Disclosures

Consumers and brokers have contacted NCREC with questions about required disclosures concerning graves on properties.  Graves on private property, including graves with only urns, may have an easement so that future family descendants can visit them.  There are rights that family members may have to enter the property to visit the gravesite, with or without the consent of the property owner.  Graves should be on a survey and marked by GIS in the county.  Graves can be removed, but it is a difficult process and county ordinances must be followed.  For these reasons, graves are a material fact that an NC broker should discover and disclose to any interested party to the transaction.  View North Carolina GS Chapter 65 for more information on NC laws regarding cemeteries.

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 this month is tomorrow May 17th here at the Commission building.  A Zoom link will be available at ncrec.gov on the day of the meeting.

April Division Highlights #2

      News

Interested in obtaining a real estate license?

Take a look at the syllabus for the Broker Prelicensing Course that is posted on our website. It is the basis for all NC Prelicensing courses and has recently been updated to reflect current laws, rules, and forms.  Available education providers and course schedules are searchable under the Education tab on our website.

Solar Panel Loan Assumption

There have been several questions about solar panels in recent consumer calls.  It is important to note that solar panels are typically attached to the property in a permanent manner and are generally considered to be a fixture that will remain with the home.  If the parties use the standard residential contract form, it states: “ALL EXISTING FIXTURES ARE INCLUDED IN THE SALE AS PART OF THE PURCHASE PRICE, FREE OF LIENS, UNLESS EXCLUDED IN SUBPARAGRAPHS (d) OR (e)”.  This means that if there is an existing lien on the solar panels, the seller should pay it off prior to or at the sale of the home, unless the parties agree otherwise in their contract.  If a seller requires, as a condition of the sale, for the buyer to assume the seller’s responsibility for a solar panel lien, this is a material fact that should be disclosed to the buyer prior to their making an offer, including the lien amount they are to assume.

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 tomorrow is in Edenton at the Historic 1767 Chowan County Courthouse.  A Zoom link will be available at ncrec.gov in the morning.

April Division Highlights

      News

Educators Conference Review

The 2023 Spring Educators Conference – NCREC Trek, was held last month before a sold out crowd of over 300 instructors.  Thank you to all who attended, for dedicating yourself to learning, improving and increasing the success of your students.  Educators learned about licensing and education stats, benefits of course audits and SMART learning objectives, optimizing zoom waiting rooms and gamification through Flippity, the importance of following the syllabus and how to engage the unengaged.  Congratulations to Stephanie Walker, this year’s recipient of the Larry A. Outlaw Excellence in Education Award.  If you were unable to attend and need education credit, there is a brand new instructor development workshop (IDW) being released this month.  Visit the Education tab on our website for more details.  If you are a licensed instructor and have education questions or concerns, join us at our next Educators Town Hall Meeting 5/3/23 at 3pm.

Rental Fraud Concerns  

Similar to our recent warnings about increases in wire fraud, seller fraud and deed fraud, consumers and brokers should also be aware of rental scams.  Many rental fraud scams take place online or through social media targeting would-be renters, asking them to send money upfront for deposits before even viewing the property, and then disappearing once the money has been sent.  View this recent consumer article on our website to learn how to spot red flags and avoid becoming a victim.  If you are already a victim of a rental fraud scam you should contact the Attorney General’s office to report the scam, as well as local law enforcement.

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 this month is April 19th in Edenton at the Historic 1767 Chowan County Courthouse.  A Zoom link will be available at ncrec.gov on the day of the meeting.

March Division Highlights #2

      News

Real Estate Manual Update

Every 2 to 3 years the Real Estate Manual is revised and updated per the latest law, rule and practice changes.  The newest revision of the Real Estate Manual is now available through an online subscription under the Publications tab on our website.  Or, order a print copy in late April.

Property Check/Fraud Alert Available At Many County Register of Deeds Websites

In North Carolina, 60 county Register of Deeds websites have a property notification alert service where you can enter your information, and be alerted if any documents are recorded regarding your property.  Due to increasing instances of deed fraud and fake seller scams, it is highly recommended that you sign up for this free service if available in your county.  They are named differently depending on the county, including Fraud Alert, Property Check and Property Notification, but they all serve the same purpose of sending you an email notice of a newly recorded document.  For more information about deed fraud and actions to take if you become a victim, read this consumer article on our website.  

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 April 19th in Edenton at the Historic 1767 Chowan County Courthouse.  A Zoom link will be available at ncrec.gov on the day of the meeting.

March Division Highlights

      News

Wire Fraud Conferences

Wire Fraud conferences began last week and will be held across the State this spring and summer.  Since 2015, wire fraud has become increasingly targeted towards real estate transactions resulting in the loss of BILLIONS of dollars.  With growing usage of electronic funds transfers, real estate is targeted because of the large amounts of money exchanged. From due diligence deposits, to earnest money, buyer funds to close, seller proceeds and mortgage payoff funds, there are several opportunities for a scammer to try to intercept money in a transaction. Come and learn about wire fraud schemes, how they are successful, and how to avoid them yourself and/or for your clients.  Read last month’s Bulletin article for more details about the conferences.  The next session is 3/13/23 in Raleigh, with several more to come.  Register now for the Raleigh or subsequent conferences!

Illegal Covenants Are Not Enforceable

NCREC recently received a call from a broker about a restrictive covenant in a neighborhood that stated ‘No race other than Caucasian.’  The seller and broker were concerned about how to address this covenant, as it was recorded to the property in 1955.  Since then, there have been many Federal and State Fair Housing laws and rules passed declaring housing discrimination against protected classes illegal.  Those protected classes are:  race, color, religion, sex (including sexual orientation or gender identity), national origin, familial status (including pregnancy) and disability.  If there are covenants that are recorded on a property that are now illegal, these cannot be enforced.  A broker should disclose the existence of the covenant if they are aware of it, and the fact that it is legally unenforceable.  While there is proposed federal legislation in the works, there has not yet been a law passed that removes such covenants.

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 this month is March 15th here at the Commission building.  A Zoom link will be available at ncrec.gov on the day of the meeting.

February Division Highlights #2

New Instructor Seminars

Due to high demand, several new instructor seminars were created and added to the schedule.  These seminars will be offered in 2 formats until May: in person every other month, and by zoom. More seminars will be available in July and/or August, after the license renewal period has ended.  If you have an interest in becoming a real estate instructor and meet the requirements, you may register for this course.

Property Manager Concerns

The NCREC sometimes receives calls about private owners managing their own property, and concerns that they are not following Landlord/Tenant Laws.  While the NCREC cannot regulate the actions of a private property owner that does not have a real estate license, owners are still subject to following NC and Federal Laws concerning Fair Housing and Landlord and Tenant responsibilities.  If you have a concern about the actions of an unlicensed property owner managing their own property, you should contact the Attorney General’s office for assistance.

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 March 15th here at the Commission building.  A Zoom link will be available at ncrec.gov on the day of the meeting.