Commission Meeting of November 13, 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 November 13, 2024

Pending Cases: The Commission entered into consent agreements to suspend 6 licenses, accepted the permanent voluntary surrender of 3 licensees, accepted the voluntary surrender of 3 licensees, ordered hearings in cases involving 6 licensees, reprimanded 4 licensees, closed cases without action against 1 licensee, approved the issuance of 2 real estate broker license, approved payment from the Real Estate Education and Recovery Fund in the amount of $4,150, and left 12 cases pending.

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 based upon criminal background checks, information supplied by the applicant, and in-person interviews.

Total candidates considered: 10; total approved: 2; total approved with conditions: 3; continued: 5.

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.

2025-2026 General and BIC Update Course Topics: The Commission further discussed the possible topics for the 2025-26 General and BIC Update courses first presented bythe Director of Education and Licensing and the Assistant Director of Education and Licensing at the October Commission meeting. Mr. Lindsey asked that the Course materials include a reminder to BICs about the benefits of a Policies and Procedures manual and that BICs and firms can make rules stronger than Commission rules. Mr. Black commended the Education Staff on their work on the course topics. Upon a motion from Mr. Black, the Commission approved the 2025-26 General and BIC Update Course topics with the reminders suggested by Mr. Lindsey.

South Carolina Licensing Agreement: The Director of Education and Licensing reported that following the October Commission meeting, Chair Lindsey and the Chair of the South Carolina Real Estate Commission both signed the revised Licensing Agreement between North Carolina and South Carolina with the removal of all references to the words “reciprocity” and “reciprocal” in the title and throughout the Agreement.

Larry A. Outlaw Excellence in Education Award: The Director of Education and Licensing reported that he will open nominations for the Larry A. Outlaw Excellence in Education Award at the beginning of January and bring the nominations to the Education Committee in February. Mr. Lindsey asked Ms. Mallette to assist Mr. Black and Ms. O’Connor with the selection process. Ms. Mallette requested that the selection criteria be presented to the Commission at the December meeting.

NCREEA: The Director of Education and Licensing reported that NCREEA held their annual meeting virtually on November 12. He introduced Ms. Tracy Frazier and noted that she was named NCREEA’s Educator of the Year during the conference. The Commission congratulated Ms. Frazier.

Financial Report: The Commission received and reviewed the monthly Financial Report presented by the Chief Financial Officer for the period ending October 31, 2024.

Appeals: The Director of Regulatory Affairs reported that Ms. Joellen Shipman’s case is still pending. She reminded the Commission that Ms. Shipman failed to perfect her appeal in Superior Court. The NC Office of the Attorney General is handling that appeal and is filing a motion to dismiss.

BIC Span of Control Workgroup Recommendations: The Executive Director presented the BIC Span of Control report outlining the recommendations of the Workgroup. The Commission made the following decisions:

Responsibility for Policies and Procedures [Task Force Recommendation #10]Upon a motion from Mr. Black, the Commission agreed to move forward with considering amendments to Commission Rule A .0110 to require that firms have a written policies and procedures manual and that brokers-in-charge (BICs) be responsible for training, maintenance, and compliance with the manual, and in addition, to add a requirement for periodic review of the manual and to investigate the feasibility of requiring a BIC to certify their review of the manual in connection with the license renewal process. If this rule is to be adopted, the Commission would provide a framework for the manual that includes topics addressing matters that the Commission has the authority to enforce and cross-references to specific rules and statutes.  Mr. Ramseur was not present for the vote.
Responsibility for Advertising [Task Force Recommendation #9]Upon a motion from Ms. O’Connor, the Commission agreed to move forward with considering amendments to Commission Rule A .0110(g) to require an advertising policy in the firm’s policies and procedures manual, with each broker not on provisional status being responsible for their own advertising, the supervising BIC being responsible for training, education, and monitoring.  BICs would still be responsible for provisional broker’s advertisements. Mr. Ramseur was not present for the vote.
Requirements for a Sole Proprietorship to have a BIC [Task Force Recommendation #1]Upon a motion from Ms. Mallette, the Commission agreed to move forward with considering amendments to Rule A .0110 to exclude advertising as a trigger for becoming a BIC by deleting subsection (b)(2).  The Commission noted that a sole proprietor could still choose to designate themselves as a BIC even if not required to do so by the Rule. Mr. Bell voted against the motion. Mr. Ramseur was not present for the vote.
Transaction Experience Requirement [Task Force Recommendation #5]Upon a motion from Mr. Aceto, the Commission agreed to move forward with considering amendments to the law and/or rules to eliminate a transaction experience requirement. Mr. Bell voted against the motion. Ms. Mallette abstained. Mr. Ramseur was not present for the vote.

Draft Rule Text: The Compliance Manager presented a memo outlining proposed text for possible rule changes as discussed by the Commission at its October 2024 meeting. She also presented a proposed schedule for the rulemaking process to provide for an effective date of July 1, 2024, noting that this would require a vote from the Commission at its December 2024 meeting. The Compliance Manager reviewed proposed text changes with the understanding that further discussion and deliberation will take place at the December meeting.

Appearances and Speeches: The Executive Director provided a report on recent speeches and reviewed the upcoming speeches and appearances. Mr. Lindsey noted that he and Mr. Aceto had a warm response from the NC REALTORS® and that their listening session was well received. He would have liked to have had a little more time, and he would like to determine whether there is an opportunity to present at the January Leadership meeting in Greensboro. Ms. O’Connor commended the Executive Director and the Director of Regulatory Affairs on their “You be the Judge” presentation. Mr. Alston asked that the city where presentations occur be added to the exhibit on upcoming meetings. Ms. Mallette asked that the Diversity, Equity, and Inclusion Officer’s presentations be added to the exhibit as well. Mr. Alston noted that care should be taken not to have too many members at an event in such a way that it could be construed as a meeting. Ms. Mallette would like more specificity about each event type on the exhibit.

Sewer Easement Request of Beazer Homes: The Executive Director presented a request from Beazer Homes for a temporary sewer easement through the Commission’s entrance down to the lower parking lot, and a permanent expansion of the existing sewer easement to accommodate a larger pipe. She noted that Beazer Homes is putting in a townhome project on St. Albans Driveand the City of Raleigh has told Beazer Homes that they must expand the sewer line in order to put the townhomes in. The Director of Regulatory Affairs stated that staff would like to have an appraiser come in and determine the value of granting the requested access. The Executive Director noted that Beazer Homes said that the project should take about thirty days, but that she believes it could take much longer depending upon weather and other factors. Mr. Bell stated that this easement is likely to happen whether it is with Beazer or later down the line by the City of Raleigh. Mr. Bell recommended that prior to the appraiser coming in, an engineer look at the easement. He recommended that the Commission work with Beazer. The Director of Regulatory Affairs stated that after the appraiser and engineer return their reports, the Commission can meet in closed session to discuss the project. The Chief Administrative Officer noted that Beazer was open to conducting the project when the Commission building was not in high use. Mr. Alston reminded the members that the Commission has the right to say no to the project. Mr. Lindsey asked to give staff general direction on ascertaining an engineer’s report and an appraisal and provide a timeline to the Commission. He would also like staff to consult with Mr. Bell and Mr. Ramseur on what the reports should say. Various members would like to know if Beazer Hones has any other options.

Report on License Numbers: As of November 1, 2024, there are 123,443 brokers and firms licensed by the Commission, as follows:

Active Full Brokers – 82,647

Active Provisional Brokers – 4,910

Brokers-in-Charge – 17,451

BIC Eligible Brokers – 6,608

Inactive Full Brokers – 23,360

Inactive Provisional Brokers – 6,262

Firms17,175

Limited Nonresident Commercial Brokers – 261

Next Commission Meeting: The next Commission meeting will be held at 9:00am, December 11, 2024, at the North Carolina Real Estate Commission in Raleigh, NC and is open to the public. It can be viewed via Zoom online video.