The North Carolina Court of Appeals has ruled that the Real Estate Licensing Board may find a licensee guilty of violating more than one section of the Real Estate License Law even though the licensee performed only one improper act. The Court further ruled that a single misrepresentation may justify the Board in revoking a real estate license.

The ruling was made in connection with a case (See Edwards "Disciplinary Actions," page 5) in which the Board had revoked the license of a broker after finding that the broker was guilty of three separate misrepresentations, one count of engaging in improper and dishonest dealing, and one count of being unworthy to act as a broker in such manner as to safeguard the public interest, all of which were related to the same act. The broker appealed, contending that even if she were guilty of misrepresentation, she could not simultaneously be found guilty of the other two violations.

Writing for a unanimous court, Judge Charles L. Becton held that "Given adequate and specific findings and notice, two or more sections [of the license law] can be violated by one act." Judge Becton further wrote that "The Board acted within its power, and it properly revoked [the broker's] license based on its finding that each of the false statements to [the purchaser] was a substantial and willful misrepresentation. That finding alone is sufficient to sustain the revocation In any event, we hold that findings of willful failure to disclose a suitable offer to the seller, and willful misrepresentations to the purchaser that the seller refused that same offer are sufficient to support the conclusion that multiple violations of the real estate licensing law had occurred."