Key reports, issues, and decisions of interest to licensees and/or the public are reported here from the most recent Commission meeting:
Pending Cases: The Commission entered into consent agreements to suspend 6 licenses; closed its case without action against 6 licensees; reprimanded 6 licensees; accepted the voluntary surrender of one license; 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: 26; total approved: 20.
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 | |||
October 2020 | November 2019 through October 2020 | October 2020 | November 2019 through October 2020 | |
# Tested | 1353 | 9018 | 26 | 212 |
% Pass both sections | 33% | 42% | N/A | N/A |
% Pass National section | 61% | 73% | N/A | N/A |
% Pass State section | 35% | 44% | 15% | 32% |
Proposed Rule Text for Annual Rulemaking: The Commission reviewed proposed amendments to the Timeshare Act which staff drafted with input from the American Resort Development Association (ARDA). ARDA representatives provided additional information on the proposed revisions. The next step is to seek input from the North Carolina Attorney General’s office. The Commission approved staff continuing to pursue the legislative changes to the Timeshare Act to better protect consumers.
Review Draft Working with Real Estate Agents Disclosure Form: The Commission reviewed a draft two-page disclosure form, which if approved, could be used by licensees to satisfy their agency disclosure requirements. They members made various suggestions, including: that the title of the form include the word, “disclosure”, that staff consider whether 1 an alternate version of the disclosure should be created for commercial use, 2
dual agency and firms with multiple offices should be addressed in more depth, and 3 it would be appropriate to point out that a broker representing the seller may not be the listing agent, that the form address what constitutes “confidential” information. They also suggested that the form also note that its purpose is for the consumer’s protection and that the consumer’s signature indicates that they received the form and understood its contents. As to unrepresented buyers, more clarity may be needed depending upon whether the buyer is working with a listing agent or a seller’s subagent. Staff will modify the form and ask the NC REALTORS Forms Committee for input at its December meeting.
Report on U.S. H.R. 8680 Legislation: The Commission was apprised of U.S. H.R. 8680, proposed federal legislation which would provide immunity to occupational licensing boards and their members in certain circumstances.
General Update and BICUP Courses: The Commission reviewed the list of possible 2021-2022 Update course topics based upon suggestions provided by Commission members, and staff to date. The Commission members asked that BIC responsibility for broker supervision be added to the BICUP course topic options. The Commission requested that the staff allow enough time in the completed course for interaction during the course. The Commission members will be sent a brief survey prior to the December meeting to rank the course topics.
Report on Annual CE Requirements of Licensing Boards: The Commission reviewed the process of changing the law should the Commission desire to increase CE requirements. The Commission will revisit the topic at its January 2021 meeting and discuss whether to consider requesting a change in the law.
NAR Code of Ethics Amendment Addressing Hate Speech and Discrimination: The Commission discussed the recent decision of the National Association of REALTORS (NAR) to change its Code of Ethics expanding prohibitions against hate speech and discrimination when it occurs outside the context of a real estate transaction. Associations will now be required to inform their state licensing board when a Realtor member is found “in violation of the Code in instances involving real estate related activities and transactions where there is a reason to believe the public trust may have been violated”. This change was effective Friday, November 13, 2020.
Alternatives to Dual Agency: Staff is currently gathering data on how other states are handling dual agency, transaction brokerage, and facilitation. This data is scheduled for discussion at the December meeting.
Report on License Numbers: As of November 1, 2020, there are 114,026 brokers and firms licensed by the Commission, as follows:
Next Commission Meeting: The next Commission meeting will be held at 9:00 a.m., Wednesday, December 16, 2020, via Zoom online video.