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.