by
Thomas R. Miller
Legal Information Officer
Q. I am a licensed real estate broker. In order to stimulate interest in the properties I have listed, may I offer a "bonus" to any selling agent who assists in selling my listings?
Yes, but there are some limitations. First of all, the "bonus" should be paid in a manner that will not interfere with any employment contract between the selling agent and his employer. In addition, since Section 93A-6(a)(5) of the License Law prohibits a licensed real estate salesman from accepting a commission or other consideration from anyone other than his employing broker, when the selling agent is a salesman, the "bonus" should be paid through his employing broker and not directly to the salesman.
Q. I am a licensed real estate broker engaged in property management. May I withhold a portion of the tenant security deposit to cover the cost of routine cleaning between tenants?
A. No. The answer to this question is found in the Tenant Security Deposit Act which states in Section 42-52 that "The landlord (or his agent) may not withhold as damages part of the deposit for conditions that are due to normal wear and tear nor may the landlord retain an amount from the security deposit which exceeds his actual damages." Since "routine cleaning" is performed to correct conditions that are due to normal wear and tear, no portion of the security deposit may be retained for that purpose. [Although the Tenant Security Deposit Act is not part of the License Law, licensees involved in rentals or property management should be thoroughly familiar with its provisions.]
Q. I have an inactive real estate salesman's license. May I accept a referral fee while my license is inactive if I do not become involved in the ultimate negotiations or consummation of sale?
A. No. Licensing Board Rule .0504(c) states that the holder of an inactive real estate license shall not act in any capacity for which a real estate license is required until his license has been reactivated. According to a recent decision of the North Carolina Court of Appeals, a finder who, for a fee, assists in bringing the parties to a real estate transaction together must have an active real estate license, even though he does not participate in the ultimate negotiation and consummation of the sale