Commission Meeting of December 16, 2020

Pending Cases: The Commission entered into consent agreements to suspend 3 licenses; closed its case without action against 2 licensees; reprimanded 2 licensees; accepted the voluntary surrender of 2 licenses; left one case pending; voted to extend a case involving one licensee and ordered hearings in cases involving 7 licensees.

License Applications Involving Character Issues: License applicants who have character issues such as prior criminal convictions or disciplinary action 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: 20; total approved: 12.

License Examination Results: A summary of key data relating to persons taking the exam for the first time is provided below:

Individuals Tested for the First Time

Took prelicense course

Hold license from another state

November 2020

December 2019

through November 2020

November 2020

December 2019

through November 2020

# Tested





% Pass both sections





% Pass National section





% Pass State section





Report on Approaches to Dual Agency and Transaction Brokerage: The Commission reviewed data on states’ approaches to dual agency and transaction brokerage. They requested that staff provide information on the number of complaints that the Commission has received over the past two to three years concerning dual agency transactions where a consumer complains they were not properly represented. The requested information will be provided no later than the February 17, 2021 Commission

Review Draft Working with Real Estate Agents Disclosure Form: The Commission reviewed revisions to a draft two-page disclosure form, which if approved, could be used by licensees to satisfy their agency disclosure requirements. Staff reported on feedback provided by the NC REALTORS® Forms Committee. If the Commission adopts the disclosure, July 1, 2021 is the tentative roll out date. The Commission requested that under the Dual Agency section of the disclosure a statement be added stating that when the consumer agrees to dual agency, the agent cannot help either side gain an advantage over the other.

Report on Possible NC Timeshare Act Revisions: Staff reported speaking to the North Carolina Attorney General’s office to arrange a time to discuss and receive feedback on the draft legislative changes to the Timeshare Act.

Report on Input on Rules Relating to Racial Equity: Staff shared suggested language received from the Director of the NC Justice Center’s Consumer, Housing & Energy Project for the draft rules relating to racial equity. The Commission requested that staff work on integrating language to provide the Commission authority to act when a broker promotes their status as a real estate broker in connection with the prohibited conduct. Staff will update the language and consult with the Rules Review Commission to see if the language can be changed as part of the rulemaking process.

General Update and BICUP Courses: The Commission reviewed the results of the 2021-2022 NCREC Update Course Topic Survey of the Commission members. Broker’s Fiduciary Duties, the Working with Real Estate Agents Brochure and Racial Equity were the top three topic categories in the survey, followed closely by Permits: Broker Responsibilities. Mr. Lawing requested that the topic “Permits: Broker Responsibilities” be added to the course if time permits. The Commission also requested that both “Implicit Basis and Fair Housing: Disparate Impact” be included in the Racial Equity section of the Update course. The Commission authorized use of as many of the course topics as time permits for the 2021-2022 Update course in the order of priority indicated by the survey results.

Review License Examination Question Development Process: Staff provided a report on the nine-step process for development of National and State license examination questions.

Report on License Numbers: As of November 1, 2020, there are 115,215 brokers and firms licensed by the Commission, as follows:

  • Active Brokers 76,240
  • Active Provisional Brokers 4,689
  • Brokers-in-Charge 17,279
  • BIC-Eligible Brokers 4,675
  • Inactive Brokers 24,478
  • Inactive Provisional Brokers 6,650
  • Firms 14,223
  • Limited Nonresident Commercial Brokers 274

Next Commission Meeting: The next Commission meeting will be held at 9:00 a.m., Wednesday, January 20, 2021, via Zoom online video.