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Vacation Rental Fraud Scam Alert

By Tiffany Ross- Consumer Resource Officer

            Over the past year, the North Carolina Real Estate Commission has released several detailed scam alert articles, including Fake Seller / Fake Buyer Scam Alert, Notary Fraud / Deed Fraud Alert, Be Aware of Scam Sellers, and Rental Fraud Scam Alerts. In addition to these, NCREC, in conjunction with the North Carolina State Bar and Investors Title, hosted several Wire Fraud Conferences across the state. Vacation Rental Fraud is the latest scam that we want to educate consumers about.

Vacation Rental Scams

            Many vacation rental scammers use reputable vacation rental websites to advertise, so the scams are harder to spot. These scams affect both the vacation rental tenant, and the property owners, as bad actors will pose as either to run their scheme.  For those looking to rent a vacation property, there may be a fake listing where someone asks you to send money in advance as a deposit or full advance payment.  Additionally, scammers may hack the email accounts of actual property owners or managers and then contact legitimate travelers and request payments to be made providing different instructions from previous deposits paid. Beware of sending any funds without verifying the receiver is legitimate.

For owners looking to rent out their vacation property, there are several scams to be aware of, including fake guests that will send a fraudulent check for more than the rental rate, and then ask for a refund of the difference.  Real guests sometimes will stay and damage the property or plant insects in the property and claim it was damaged on arrival or infested.  Another example is parents knowingly renting  properties for their underage children for spring break without an adult being physically present to supervise and prevent damage to the property or underage consumption of alcohol.  Being aware of these scams and not falling for these tactics can prevent the loss of hundreds or even thousands of dollars.

Action You Can Take:

  1. Never send money to someone online or electronically without verifying it is going to a legitimate place.  Do your research and independently contact and verify that the person or firm who will be holding any money is a real attorney, licensed real estate broker, or the true property owner.
  2. Be skeptical of anyone asking for money upfront before completing any paperwork or written or online agreement concerning the rental.  Make sure that you are communicating with the actual property owner or a licensed real estate broker.  Look up the property owner in public records for the county (typically through the tax department) and make sure to verify the identity of the person and their contact information.  To verify someone is a licensed real estate broker in NC, search the licensee look up page.   From this page, verify that their email and other contact information matches the advertisement.
  3. If you are scheduling your vacation rental through a well-known or reputable platform, don’t leave the main app or platform.  Any protection offered to users of the platform ends when communication or payments are made by any other means than the platform itself. 
  4. Search legitimate websites, or actual licensed real estate broker property management company websites for true vacation rental listings by licensed real estate professionals.
  5. Be especially cautious if you are asked to pay with wire transfers, mobile payment apps, crypto or similar methods.  If possible, use a credit card to make payments preferably with zero fraud liability for an added layer of protection.
  6. If you are an owner/property manager, change the access codes and/or WiFi passwords to the property after each guest.  Adjust your policies to be clear about who is required to be present during the rental term and any action that will be taken if unauthorized guests are found or if underage guests are left unsupervised.
  7. Don’t fall for urgent requests or offers that are too good to be true.  Decline offers that seem suspicious.  Look for the Red Flags listed below and beware of these tactics.

Red Flags That You May Be Dealing With a Fake Owner/Manager Scammer

  1. You can’t talk to an actual person, or they don’t want to answer your questions about the property or area/local attractions.
  2. The listing has typos or poor grammar.
  3. The price is too good to be true.
  4. Reviews and ratings are short or non-existent.
  5. They ask for rent, a security deposit, or other up-front money before signing a lease or agreement.
  6. There is no screening process or any attempt to verify identity of tenant.

What To Do If You Are Already a Victim Of a Vacation Rental Fraud Scam in NC

            If you responded to a fake ad and sent money, but never heard from the scammer again, contact the North Carolina Attorney General’s office to notify them of the scam and provide as much information as you can.  If the property is located outside North Carolina, contact the Attorney General’s office for that particular state.  You should also report the incident to the service or website you were using, and/or the actual owner/property manager if you were a tenant victim, as well as the Federal Trade Commission.  You can also contact local law enforcement (sheriff or police) and submit an internet crime complaint to the FBI to report the scam and see if there is any chance of recovery.

How You Can Protect Yourself or Your Clients

            If you work in vacation rental property management and have clients who rent their vacation properties to tenants, educate them on these dangers and assist them by enhancing your screening processes of potential vacation rental tenants.  If you are working with a vacation rental tenant, provide information like this article to help them avoid the scams and traps, and assist them with carefully verifying the vacation rental details.  Stay in contact with them, and make sure they are aware of the NC Vacation Rental Act. If you are considering a vacation rental, be sure to verify that the rental is legitimate and watch out for the red flags above to protect yourself in the process.

If you or your clients have a problem with a vacation rental, and a licensed real estate broker is involved, contact the Commission’s Regulatory Affairs Division at (919) 719-9180. If there are concerns about the actions of an unlicensed property owner managing their own property, or other unlicensed property management activity, contact this office and the Attorney General’s office (877) 566-7226.

December Updates

      News

Newest Instructor Development Workshop Released

Last month, NCREC released our latest Instructor Development Workshop (IDW) for approved instructors to learn more about how to write exam items that accurately test student knowledge.  Writing Effective Exams is now available on the Commission’s education website learn.ncrec.gov.

Warning to Brokers and Consumers to Beware of Unlicensed Activity in NC

NCREC would like the public to be aware of types of unlicensed activity taking place in North Carolina that could result in legal action and possibly criminal charges.  In NC, it is illegal to manage properties that belong to others for compensation without a license.  Paying ‘referral’ or ‘finders’ fees to people who do not have a real estate license is also illegal in NC.  Another common category of unlicensed activity includes brokerage services provided by inactive or expired brokers.  For more details on types of unlicensed activity to watch out for and possible legal actions, read this month’s eBulletin article: Brokers & Consumers Should Beware of Unlicensed Activity in North Carolina.

You are invited!

The monthly Real Estate Commission meetings are always open to the public, and you are invited to attend in person or online via Zoom.  The meeting next week is December 13th here at the Commission building.  A Zoom link will be available at ncrec.gov on the day of the meeting.

Commission Meeting of November 8, 2023

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 8, 2023

Pending Cases: The Commission entered into consent agreements to suspend 14 licenses, accepted the permanent voluntary surrender of 4 licenses, accepted the voluntary surrender of 1 license, seek 1 injunctive relief, denied the issuance of 1 license, continued consideration of 3 licensees, reprimanded 2 licensees, closed cases without action against 6 licensees, left cases pending involving 5 licensees, and ordered hearings in cases involving 13 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: 12, total approved: 4, total approved with conditions: 2, continued: 4, and deferred: 2.

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

Financial Report: The Commission received and reviewed the monthly Financial Report presented by the Chief Financial Officer for the period ending October 31, 2023.

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. S761, Additional General Assembly Appointment, passed into law extending Mr. Ramseur’s term from June 30, 2026, to July 31, 2026.

Donovan v. Excel Property Management, et al.; 23-CVS-001591: The Special Deputy Attorney General for the North Carolina Department of Justice provided a report on the case Donovan v. Excel Property Management, et al.; 23-CVS-001591 noting that they appeared in New Hanover Superior Court on Tuesday, November 7, on behalf of the Commission and the judge dismissed the case against the Commission as well as the other two named defendants.

Residential Property and Owners’ Association Disclosure Statement (RPOADS): The Executive Director provided an overview of the rulemaking process relating to the RPOADS rule, 21 NCAC 58A .0114, and presented a revised version of the Disclosure Statement for the Commission’s consideration. Upon the motion of Ms. O’Connor, the Commission voted to continue the RPOADS discussion to the December meeting.

General and BIC Update Course Topics: The Legal Education Officer reviewed a preliminary list of possible 2024-2025 Update Course topics based upon suggestions provided by Commission members, staff, licensees, and educators. Mr. Bullard, Mr. Aceto, and Ms. O’Connor commended the Director of Education & Licensing, the Legal Education Officer, and the Education Division on the amount of work that went into the 2023-2024 Update courses to make them both engaging and enjoyable for brokers and instructors. Mr. Black requested that unlicensed activity be added to the list of possible topics for the 2024-2025 Update Courses. The Legal Education Officer will send a survey to the members to rank their preferred topics for inclusion in next year’s Update Courses. Mr. Lindsey requested that competency in specialty practice areas, licensee conduct, agency formation, how to read disciplinary actions, and how to communicate with the Commission also be added to the list of topics for the GenUp, and to the BICUP, provisional broker/BIC supervision.  Mr. Lindsey commended the Director of Education & Licensing and the Legal Education Officer on their recent presentation to BICs in Charlotte noting that it was extremely well received and attended. Mr. Bullard inquired whether the Commission should be prepared to address the issue of agency compensation in light of the recent litigation against the National Association of REALTORS®. The Executive Director stated that North Carolina is in a better position than many other states because of its existing rule requiring agency disclosure, including written buyer agency agreements. Staff will monitor the litigation and report to the Commission if changes and/or education is needed. The Legal Education Officer noted that Law and Rules and Licensing and Education are standing topics each year, and that an approved instructor requested that current complaints/FAQs be a third standing topic as well. Standing topics will limit available time in the four-hour courses for other topics. Mr. Black asked the Legal Education Officer to let the members know of overlapping topics to help them with ranking their preferences.

Spring Educators Conference: The Director of Education & Licensing provided a preliminary budget for the Spring Educators Conference scheduled for March 19, 2024, at the McKimmon Center at North Carolina State University. The budget for the conference previously approved by the Commission was $25,000. The Director of Education & Licensing proposed a registration fee of $49.00. Upon the motion from Mr. Lindsey, the Commission accepted the proposed budget for the Spring Educators Conference with a registration fee of $49.00. 

License Examination Transition and Item Writing Workshops: The Director of Education & Licensing reported that staff in both Education and Licensing and IT are working to make a smooth transition for license examination services from PSI to Pearson Vue in February. One significant change will be 60 state examination questions instead of 40. A number of Item Writing Workshops have been scheduled with instructors to generate test questions. Sixty-four instructors are involved in the eight Item Writing Workshops. Each day, questions are drafted for a different section of the exam. There has been great collaboration with the instructors and the Director commended the Education and Examination Officer on their work on the Item Writing Workshops.

November Education Town Hall: The Director of Education & Licensing reported that 60 instructors attended the November 6 Education Town Hall. Great feedback was received on the Item Writing Workshops. The educators also discussed topics such as forms training and mediation training. All of the Town Halls for 2024 are scheduled from 3:00 – 4:30 p.m. via Zoom and will take place on January 11, April 9, July 23, and October 8. Ms. O’Connor commended the Director of Education & Licensing and the Legal Education Officer on the response and interaction they had with the instructors and education providers.

Report on License Numbers: As of November 1, 2023, there are 124,563 brokers and firms licensed by the Commission, as follows:

Active Brokers 83,474

Active Provisional Brokers 5,266

Brokers-in-Charge 17,885

BIC Eligible Brokers 6,081

Inactive Full Brokers 23,907

Inactive Provisional Brokers 6,851

Firms 16,942

Limited Nonresident Commercial Brokers 240

Next Commission Meeting: The next Commission meeting will be held at 9:00am, Wednesday, December 13, 2023, in the Commission’s office in Raleigh and is open to the public. It can be viewed via Zoom online video.

November Updates

      News

NCREEA Fall Conference

NCREC recently attended the 2023 North Carolina Real Estate Educators Association (NCREEA) Fall Conference in Winston-Salem, and presented Commission and Legal Updates.  The Conference was well attended and offered education opportunities for instructors to improve their technology and gamification in the classroom, a parade of ideas from experienced instructors, and sessions on creating elective courses, making a difference and more.  Congratulations to Matt Davies who was installed as President of NCREEA, and award winners Cheryl Sain – 2023 Program of the Year, and Melea Lemon – 2023 Instructor of the Year.

Is due diligence refundable?

NCREC often receives questions about due diligence fees and if they are refundable.  Standard form 2-T Paragraph 1(i) states the Due Diligence Fee shall be non-refundable except in certain specific events. These are material breach of the contract by the seller under Paragraph 8 (“Seller Obligations”) or Paragraph 12 (“Delay in Settlement/Closing”), damage or destruction to the property under Paragraph 11 (“Condition of Property/Risk of Loss”), or in accordance with any addendum attached to the contract. A buyer and broker should closely examine the specific contract they are considering using to understand their rights and remedies related to due diligence fees.

You are invited!

The monthly Real Estate Commission meetings are always open to the public, and you are invited to attend in person or online via Zoom.  The next meeting is tomorrow, November 8th here at the Commission building.  A Zoom link will be available at ncrec.gov on the day of the meeting.

Commission Meeting of October 11, 2023

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 October 11, 2023

Pending Cases: The Commission entered into consent agreements to suspend 3 licenses, permanently revoked 1 license, accepted the permanent voluntary surrender of 1 license, closed cases without action against 6 licensees, left cases pending involving 5 licensees, and ordered hearings in cases involving 24 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: 6, total approved: 1, total approved with conditions: 2, continued: 3, and deferred: 0.

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

Independent Annual Audit: The Executive Director reported that the Finance Committee had reviewed the audit report with the auditors and staff. The Commission’s independent auditor also provided an overview of the audit. Upon the joint motion of Mr. Lindsey and Mr. Ramseur, the Commission approved the annual audit.

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. The Director of Regulatory Affairs noted that the budget, H259 2023-2024 Appropriations Act, did pass into law.

Residential Property and Owners’ Association Disclosure Statement (RPOADS): Staff provided an overview of the rulemaking process relating to the RPOADS rule, 21 NCAC 58A .0114, and presented a revised version of the Disclosure Statement for the Commission’s consideration [Exhibit 9]. The Commission discussed the first page relating to instructions and two sections, Sections A – B, during its meeting and noted various topics to be addressed by staff in the next draft including clarifying the instructions regarding the obligation to respond to questions, reformatting ‘additional information spaces’ that relate to the questions, and simplifying the question and table structure. Mr. Malarney asked that the public comment matrix be included in next month’s Disclosure Statement exhibit.  The Commission took no action on the Disclosure Statement and will continue its discussion during the November business meeting.

BIC Span of Control: The Executive Director reported that the BIC Span of Control Workgroup met and reviewed the BIC Span of Control exhibit the Commission received. At Mr. Lindsey’s request, the workgroup members discussed the scope of the problems including both misconduct and the failure to act. The group will continue to meet and make updates to the full Commission. Mr. Lindsey asked Mr. Aceto and Mr. Ramseur for any suggestions on the BIC span of control. Mr. Ramseur stated he would be an alternate for the workgroup. Mr. Lindsey offered to share the workgroup minutes from the first meeting and noted that the group is working on how best to approach the subject.

General and BIC Update Course Topics: The Director of Education and Licensing reviewed with the Commission a preliminary list of possible 2024-2025 Update course topics based upon suggestions provided by Commission members, staff, licensees, and educators. As to requests for topics that are generally outside the Commission’s scope, e.g., negotiation training, Ms. O’Connor suggested that these topics be directed to the NC REALTORS® Association. The Director of Education and Licensing asked that the Commission consider any topics that they would like to include in the Update Courses for further consideration at the November meeting.

North Carolina Real Estate Educators Association (NCREEA) Fall Conference: The Director of Education and Licensing reported that NCREEA held its fall, in-person conference in Winston-Salem at the end of September. Ms. Cheryl Sain was awarded Program of the Year and Ms. Melea Lemon was awarded Instructor of the Year. The Director of Education and Licensing noted that the entire Education staff presented at the conference and he gave the closing presentation.

Education Committee Meeting: The Director of Education and Licensing suggested an Education Committee meeting with Mr. Black and Ms. O’Connor to discuss the Education Advisory Committee and topics for the Update course.

Report on License Numbers: As of October 1, 2023, there are 123,647 brokers and firms licensed by the Commission, as follows:

Active Brokers 82,981

Active Provisional Brokers 5,244

Brokers-in-Charge 17,802

BIC Eligible Brokers 6,042

Inactive Full Brokers 16,962

Inactive Provisional Brokers 6,662

Firms 16,805

Limited Nonresident Commercial Brokers 237

Next Commission Meeting: The next Commission meeting will be held at 9:00am, Wednesday, November 8, 2023, in the Commission’s office in Raleigh and is open to the public. It can be viewed via Zoom online video.

October Updates #2

      News

Tech Study Group

The North Carolina Real Estate Commission has formed a Tech Study Group consisting of both Commission members and staff. The purpose of the Tech Study Group is to identify technology issues which can improve the function and efficiency of the Real Estate Commission and also to identify technology issues that impact the delivery of brokerage services and better educate and assist brokers in dealing with those issues.  Among the many things that are being considered and discussed by the Tech Study group are ADA compliance, the impact of AI models including ChatGPT, the implementation and use of chat bots, cybersecurity, smart contracts and block chain technology. In the coming year watch for future developments, insights and information as a result of the Tech Study Group’s efforts. 

Do Emotional Support Animals Require Pet Fees at Vacation Rentals?

Emotional support or therapy animals that qualify as assistance animals are not pets, and the Fair Housing Act (FHA) makes it unlawful for a housing provider to refuse to make a reasonable accommodation.  You may view this January 2020 Notice for details.  Vacation rentals are not excluded by law, and property owners and managers must follow the guidelines to determine if emotional support animals qualify for the exemption or not.  See Part II of the Notice linked above (pg. 7), for a recommended process for determining if an emotional support animal qualifies as an assistance animal.  If the animal qualifies as an assistance animal by FHA guidelines, then it is not a pet and reasonable accommodations must be made, including waiver of ‘pet fees’. 

If an animal does not qualify as an assistance animal, detailed records of the determination process should be kept to support the decision.  These animals would be considered pets and subject to pet fees.  It is important to note that a reasonable accommodation can be requested at any time, including after the animal has been introduced into the property.

You are invited!

The monthly Real Estate Commission meetings are always open to the public, and you are invited to attend in person or online via Zoom.  The meeting next month is November 8th here at the Commission building.  A Zoom link will be available at ncrec.gov on the day of the meeting.

October Updates

      News

ARELLO National Conference

NCREC experienced a record year at the ARELLO conference in Montreal last month!  We received 3 Awards:

In addition to receiving these 3 awards, our Executive Director Miriam Baer received the President’s Service Award, our Director of Regulatory Affairs Janet Thoren was sworn in as President-Elect, and our Director of Education and Licensing Len Elder was elected as an alternate to the Board of Directors.  What an exceptional year for NCREC and congratulations to all of our leadership, and every staff member that made these awards possible!

Rulemaking Process

Brokers and consumers consistently contact NCREC to suggest rule changes and inquire about the process for rulemaking.  Therefore, this year’s Update course includes a section about the rulemaking process, which may take several months each license year.  A brief synopsis of the rulemaking process is included below:

You are invited!

The monthly Real Estate Commission meetings are always open to the public, and you are invited to attend in person or online via Zoom.  The meeting next week is October 11th in Asheville, at the Kimpton Hotel Arras.  A Zoom link will be available at ncrec.gov on the day of the meeting.

Commission Meeting of September 13, 2023

Commission Meeting News

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 September 13, 2023

Pending Cases: The Commission entered into consent agreements to suspend 11 licenses, accepted the permanent voluntary surrender of 3 licensees, closed cases without action against 9 licensees, left cases pending involving 3 licensees, approved 1 license application following a hearing, granted approval to seek injunctive relief if needed against 5 individuals, and ordered hearings in cases involving 22 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: 12, total approved: 3, total approved with conditions: 5, continued: 0, and 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

ARELLO Awards: The Executive Director reported that the Commission is receiving three awards at the 2023 ARELLO Annual Meeting later in September. The Commission received an education award for the Wire Fraud Seminars, a second education award for the Instructor Training and Development provided at the 2023 Spring Educator’s Conference, and a communication award for Website Innovation & Design for the implementation of the LADS database system for instructors and education providers. The Executive Director commended staff on the work that went into each of the programs, including Ms. Thoren, Mr. Elder, and Joshua Oglesbee.

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. The Director of Regulatory Affairs noted that H422, Unfair Real Estate Agreements Act, passed and was signed by the Governor. The Attorney General’s office sought and obtained a temporary restraining order against the company involved.

Residential Property and Owners’ Association Disclosure Statement: Staff provided an overview of the rulemaking process relating to the Residential Property and Owners’ Association Disclosure Statement and presented staff recommendations for consideration of revisions to the instructions and certain questions. The Commission discussed whether to add “NA” as an option to the RPOADS. Mr. Malarney noted there was a qualifier in question F5 which should be struck from the form and the word “current” should be included in question F9. Mr. Malarney commended Staff for their work on the statement. Ms. O’Connor indicated that she liked the reformatting and approach of the disclosure form.

Consumer Resources and Projects Report: The Director of Education & Licensing and Consumer Resource Officer provided a report on the current consumer outreach and education projects while noting that consumer resources have been created for the Timeshare Act. The Consumer Resource Officer also provided an update on the status of the consumer outreach projects. Mr. Lindsey commended Staff on their work with consumer outreach. Mr. Black commended Staff for the improvement in the Commission’s social media presence since last year. Mr. Bullard suggested inviting high school students to the Commission meetings as part of the high school real estate career outreach project.

2023 License Law and Commission Rules: The Communication Officer distributed the newly published 2023 License Law and Commission Rules booklets to the Commission members, which were updated by the Communications Officer, Legal Education Officer and Compliance Manager.

Report on License Numbers: As of September 1, 2023, there are 122,629 brokers and firms licensed by the Commission, as follows:

Active Brokers 82,412

Active Provisional Brokers 5,186

Brokers-in-Charge 17,715

BIC Eligible Brokers 6,013

Inactive Brokers 23,345

Inactive Provisional Brokers 6,411

Firms 16,641

Limited Nonresident Commercial Brokers 231

Next Commission Meeting: The next Commission meeting will be held at 9:00 a.m., Wednesday, October 11, 2023, at the Kimpton Arras in Winston-Salem and is open to the public. It also can be viewed via Zoom online video.

September Updates

      News

NCRealtors® Leadership Academy attended August Commission meeting

Each year the North Carolina Real Estate Commission welcomes the members of the NCRealtors® Leadership Academy to attend a Commission meeting and receive an explanation of the process as they observe the course of business.  As these possible future leaders in the real estate industry become acquainted with the regulatory side of the business, it is our hope that this educational experience will add understanding and depth to their practice, and that they will share what they learn with others.

Do you know about the recovery fund?

Consumers whose funds have been converted by a licensed NC broker may be able to qualify for some financial relief through the NCREC Education and Recovery Fund.  View this video and the following Commission Rules for more details:

For more information on the process for qualifying and applying for a payment from the recovery fund, and the Fund limits, view Article 2 of the Real Estate License Law.

You are invited!

The monthly Real Estate Commission meetings are always open to the public, and you are invited to attend in person or online via Zoom.  The meeting this month is September 13th here at the Commission building.  A Zoom link will be available at ncrec.gov on the day of the meeting.

Commission Meeting of August 16, 2023

Commission Meeting News

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 August 16, 2023

Pending Cases: The Commission entered into consent agreements to suspend 13 licenses, accepted the permanent voluntary surrender of 3 licensees, revoked 2 licenses, reprimanded 1 licensees, closed cases without action against 4 licensees, left cases pending involving 7 licensees, and ordered hearings in cases involving 18 licensees. The Commission approved payment from the Real Estate Education and Recovery Fund in the amount of $7,215 to a consumer who suffered a direct monetary loss because of certain acts committed by a real estate licensee.

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: 6, total approved: 2, total approved with conditions: 1, continued: 3, and deferred: 0.

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

DEI Staff Survey Results: Staff presented the DEI staff survey results noting that 74% of staff fully participated in the survey, 9% of staff partially completed the survey, and 17% of staff did not complete the survey.

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.

BIC Span of Control: The Director of Regulatory Affairs reviewed the Broker in Charge Education and Span of Control report. Mr. Lindsey commended the Director of Regulatory Affairs and Staff on the updated presentation of the survey results. Mr. Malarney and Mr. Lindsey created a work group to review the report and make recommendations about the next steps to pursue relating to the span of control of brokers-in-charge. The Executive Director asked Commission members to email her or the Director of Regulatory Affairs their feedback on BIC span of control.

Residential Property and Owners’ Association Disclosure Statement: Staff presented the public comments that were submitted relating to the proposed revisions to the Residential Property and Owners’ Association Disclosure Statement form. Staff received 684 responses from brokers, attorneys, organizations, and the general public. The overall feedback was 91% positive. The Director of Regulatory Affairs provided a memo to the Commission members with preliminary staff recommendations for consideration by the Commission. Staff provided an in-depth review of each of these recommendations.

Item-Writing Workshops: The Director of Education & Licensing provided a report on proposed item-writing workshops to help education providers and instructors develop meaningful end-of-course examination questions. There will be eight item writing workshops with +20 attendees. Four of the workshops will be held in Raleigh and four will be held in the Charlotte area beginning in October.

Education Town Hall: The Director of Education & Licensing provided a report on the August 9, 2023, Education Town Hall noting that it was structured as a ninety-minute open forum for the 70 instructors present. Most of the time was spent discussing the shift from PSI to Pearson Vue for the Commission’s license examination. The educators present provided a positive response to the change of testing providers.  

Other Business: The Executive Director and the other members of the Commission recognized Mr. Bullard for his appointment to the National Association of REALTORS® Legal Action Committee.

Report on License Numbers: As of August 1, 2023, there are 121,250 brokers and firms licensed by the Commission, as follows:

Active Brokers 80,555

Active Provisional Brokers 4,685

Brokers-in-Charge 17,520

BIC Eligible Brokers 6,034

Inactive Brokers 24,066

Inactive Provisional Brokers 6,554

Firms 16,411

Limited Nonresident Commercial Brokers 218

Next Commission Meeting: The next Commission meeting will be held at 9:00 a.m., Wednesday, September 13, 2023, in the Commission’s office in Raleigh and is open to the public. It also can be viewed via Zoom online video.