Commission Meeting of February 15, 2023

Pending Cases: The Commission entered into consent agreements to suspend 9 licenses, denied the
issuance of 1 license, accepted the voluntary surrender of 5 licenses, closed cases without action
against 7 licensees, and ordered hearings in cases involving 20 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: 11; total approved: 7.

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


January 2023

February 2022 through January 2023


January 2023

February 2022 through January 2023

# Tested

457

6078

14

285

% Pass both sections

51%

49%

N/A

N/A

% Pass National section

77%

78%

N/A

N/A

% Pass State section

54%

53%

79%

37%

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. Staff reviewed House Bill (HB) 29 – Support Private Property Rights, which provides that inclusion of real property on a comprehensive transportation plan is not, standing alone, a material fact. The Commission voted to remain neutral regarding HB29.

Petition for Rulemaking: The Director of Regulatory Affairs reminded the Commission that at the December meeting, the Commission reviewed a petition for rulemaking from the NRDC (Natural Resources Defense Council), North Carolina Justice Center, the North Carolina Disaster Recovery and Resilience School, Robeson County Church and Community Center, and NC Field Petitioners. The Director of Regulatory Affairs stated that staff recommend approving the petition with the understanding that changes would be proposed to address various flood issues in the Residential Property and Owners’ Association Disclosure Statement. The Commission voted to grant the petition in accordance with staff recommendations.

Proposed Text for Rule 58A .0114 and RPOADS: Staff provided an overview of the proposed text for Rule 58A .0114 and the Residential Property Owners Association Disclosure Statement (RPOADS). Staff proposes that the Commission eliminate the RPOADS form from Rule 58A .0114. Mr. Black commended staff on the addition of the Instructions to Real Estate Brokers to the RPOADS. The Commission accepted the proposed text for Rule 58A .0114 and the RPOADS.

Wire Fraud Seminars: The Director of Regulatory Affairs provided a brief update on six Wire Fraud Seminars scheduled throughout the state between March 2, 2023, and August 2, 2023. The Commission is co-sponsoring this event with the North Carolina State Bar and Investors Title Insurance Company. Registration is open and Commission members are encouraged to attend.

Report on Update Instructor Seminars: The Director of Education & Licensing provided a report on the Update Instructor Seminars for the 2022-2023 license year to date. The Commission approved the 2022-2023 UIS budget and voted to waive the fee for the Update Instructor Seminar for the 2022-23 license year.

License Examination Results: The Director of Education & Licensing provided a report on the license examination results from July 1, 2021, to February 1, 2023. The Commission commended the Education & Licensing staff on the revised presentation of the License Examination Results.

Larry A. Outlaw Excellence in Education Award Selection: The Commission voted to meet in closed session with staff to select the recipient of the Larry A. Outlaw Excellence in Education Award. The recipient of the Award will be announced at the March 21 Educators Conference.

Report on License Numbers: As of February 1, 2023, there are 126,472 brokers and firms licensed by the Commission, as follows:

  • Active Brokers 83,276
  • Active Provisional Brokers 5,416
  • Brokers-in-Charge 17,864
  • BIC-Eligible Brokers 5,736
  • Inactive Brokers 26,274
  • Inactive Provisional Brokers 8,006
  • Firms 16,644
  • Limited Nonresident Commercial Brokers 278

Next Commission Meeting: The next Commission meeting will be held at 9:00 a.m., Wednesday, March 15, 2023, in the Commission’s office in Raleigh and is open to the public. It also can be viewed via Zoom online video.