2014 Investigator of the Year Award

The Association of Real Estate License Law Officials (ARELLO®) has recognized Real Estate Commission Senior Consumer Protection Officer Stephen L. Fussell as its 2014 Investigator of the Year.  The award was based on a case investigated by Mr. Fussell involving the activities of a real estate broker whose conduct went outside the scope of her employment, without her employer’s knowledge.

Commission Receives ARELLO Awards

Education Award:

Issues & Answers in North Carolina Real Estate Practice

This new course is a review of selected issues in real estate brokerage practice which often result in violations of the License Law. Brokers who have violated the License Law or Commission Rules are helped to avoid problems in the future by taking this course. It is taught by individuals from the Commission’s Regulatory Affairs Division and covers information directly related to the brokers’ conduct. Commission staff created the course by evaluating complaints filed during the previous year. They identified fifteen categories of the most commonly disciplined offenses. Stand-alone modules were developed in each topic area to allow the customization of each course offered depending on the participants’. The hope is that teaching brokers the laws and rules in a positive setting and establishing relationships outside of the disciplinary process can help brokers avoid repeating the same mistakes and instead, better serve consumers.

Communication Award:

Website

The goals of the redesigned website were to streamline the user experience and create a site that was both responsive and mobile friendly. The site’s design allows it to adapt to any size screen and be viewed on any device. The entire navigation system was redesigned to provide a more consistent feel across all aspects of the site allowing quick access to the most often requested information. The results of the newly designed site include faster loading, adaptation to any size device, a visually appealing experience, improved navigation and search functions, and a newsletter article search function. Google Analytics service is used to track the performance of the site and its content allowing staff to see the number of users and the content that most interests them. This will allow the development of new features to better serve licensees and the public.

New Commission Member

The Commission welcomed new Commission member Judy F. Greenhill, broker/owner of Classic Properties of the Catawba Valley in Hickory, at a swearing-in ceremony conducted by The Honorable Donna Stroud, Judge, North Carolina Court of Appeals, on September 10, 2014.

Residential Offer to Purchase and Contract Form Revised

The standard residential Offer to Purchase and Contract form has been revised to include an expanded reference to the Subdivision Street Disclosure Statement required in certain circumstances under NCGS 136-102.6. This disclosure statement is separate and distinct from the Residential Property and Owners’ Association Disclosure Statement required under NCGS 47E.

NCHILB Prohibition Against the Payment of Referral Fees by Home Inspectors

Brokers should be aware that the NC Home Inspectors Licensing Board rules prohibit Home Inspectors from paying referral fees or other compensation to real estate brokers or other parties having a financial interest in a real estate transaction for referrals for inspections or inclusion on a list of “preferred” or “recommended” inspectors.

Types of Services a Broker Must Provide

The Commission does not prescribe the number or type(s) of services that a broker must provide. Each broker is permitted to decide for herself or himself which services she or he will provide and the corresponding fee(s) for those service(s).  Regardless of the number or type(s) of services chosen by a broker, the broker must always comply with the Real Estate License Law and all of the Commission’s rules.

Listing Brokers and Material Facts

Listing brokers should remember that when it comes to material facts, they have a duty to DISCOVER and disclose.  Therefore, if a seller obtains an inspection prior to listing, the agent should also review the report to discern what, if anything, needs to be disclosed to potential buyers.

NC Foreclosure Prevention Fund

The NC Housing Finance Agency administers the NC Foreclosure Prevention Fund which assists homeowners who are struggling to make their mortgage payments for a variety of reasons. The Fund also assists returning veterans who are transitioning into civilian jobs. For more information go to:  http://ncstiws.rapams.com/images/assets/pdfs/press/Veterans%20Benefits%20Update%20-%20Final.pdf or www.ncforeclosureprevention.gov

Commission Awards Scholarships

Scholarships were presented by (then) Commission Chairman Everett “Vic” Knight, left, and (then) Vice Chairman Thomas R. Lawing, Jr., to three brokers at the June Commission meeting.  The recipients of the Commission scholarships, which honor former Commission Executive Directors, are (l. to r.) Thao-Van “Amy” Thai (Cary), the Joe Schweidler Memorial Scholarship; Ray Gasperson (Columbus), the Blanton Little Memorial Scholarship; and Deborah Kempter (Charlotte), the Phillip T. Fisher Scholarship.  The Real Estate Commission congratulates the recipients on their achievements.

The Real Estate Commission congratulates James W. Nelson, a second-year law student at the Charlotte School of Law, the 2014 recipient of the Allan R. Dameron Legal Internship award. The Commission gives the award annually in memory of and tribute to former Commission Chairman Allan Dameron. The award was presented at the June Commission meeting by (then) Chairman Everett “Vic” Knight, left, and (then) Vice Chairman Thomas R. Lawing, Jr.

Commission Elects New Chairman and Vice Chairman

The North Carolina Real Estate Commission is pleased to announce the election of Thomas R. Lawing, Jr. as Chairman and Cindy Chandler as Vice Chairman for a one-year term beginning August 1, 2014.  Mr. Lawing (Charlotte), a licensed broker since 1970, is President of T. R. Lawing Realty, Inc.  Ms. Chandler (Charlotte), a broker since 1983, is owner of The Chandler Group.