NORTH CAROLINA REAL ESTATE COMMISSION
PO. Box 17100
Raleigh, North Carolina 27619-7100
Phone 919/733-9580
Q. What is the Real Estate Commission?
A. The North Carolina Real Estate Commission ("Commission") is an independent
state governmental agent. It should not be confused with the North Carolina
Association of REALTORS (or its local Boards) which is a trade organization whose members
are known as "REALTORS."
Q. What * the Real Estate Commission's function?
A. The Commission's primary function is to license and regulate real estate agents
(persons who sell, lease, etc. real estate for others). North Carolina's 70,000-plus real
estate agents are licensed as either brokers or salesmen.
The Commission also registers and regulates sales activities at time share projects, where
ownership in a single living unit (usually a resort condominium) is shared by many
persons. Timeshare salesmen must also hold either broker or salesman licenses.
Q. Can the Real Estate Commission give consumers legal advice or help them settle
disputes with real estate agents?
A. No. The Commission cannot enforce contracts or require real estate agents to fulfill
promises, reimburse money or perform other acts. Persons who feel that money is owed to
them in a real estate transaction or that a sales contract, lease, etc. has been breached
should consult their private attorney for advice and assistance.
Q. What types of consumer complaints should be reported to the Real Estate Commission?
A. Buyers, sellers, landlords, tenants and other persons involved in real estate
transactions who believe that they have been defrauded or victimized by the improper or
incompetent acts of a real estate broker or salesman should report their complaints to the
Real Estate Commission.
Q. What happens when a complaint is filed with the Real Estate Commission?
A. (1) Persons who wish to file complaints against real estate brokers or salesmen
(including time share salesmen) should first obtain a "Complaint Form" from the
Commission office. (Use of this form enables the Commission staff to more efficiently
conduct its inquiry of the more than 1000 complaints received each year.)
(2) Complaints are reviewed by the Commission's legal staff end, if appropriate, an
investigation or other inquiry is conducted by the Commission's investigators or auditors.
(3) If, following an investigation or other inquiry it is determined that there appears to
be sufficient proof ("probable cause', that the agent has violated the Real Estate
License Law or one of the Real Estate Commission's Rules, a hearing is ordered. (Note: The
Commission's hearings are conducted in accordance with the Administrative Procedures Act,
NCGS Chapter 150B.) During the hearing the Commission receives the sworn testimony of
witnesses and affords the agent the opportunity to answer the charges and present evidence
in his or her defense.
(4) If, based upon the evidence, the Commission finds that the agent has violated the Real
Estate License Law or Rules, it can either (1) reprimand the agent; (2) suspend the
agent's real estate license for a definite period of time; (3) revoke the agent's license;
or (4) in the case of time share transactions, fine the time share project's developer.
(Note: Decisions of the Commission maybe appealed through the court system.)
Q. Can the Real Estate Commission assist persons whose funds have been fraudulently
taken by a real estate agent?
A. Persons who give down payments, earnest money deposits and other trust monies to
licensed real estate brokers or salesmen to be held pending the completion of real estate
transactions, and whose funds are converted or embezzled by the broker or salesman, may,
under certain specific conditions, receive compensation from a Real Estate Recovery Fund
which is maintained by the Commission. (For information concerning the procedures and
requirements for receiving payment from the Recovery Fund, interested persons should
contact the Real Estate Commission's Legal Department)
EDUCATIONAL PROGRAMS AND MATERIALS
North Carolina Real Estate for Brokers and Salesmen. Textbook for North Carolina real estate students and practitioners (Available at bookstores and from Prentice Hall, Inc. 1-800-223-1310.) Real Estate Licensing in North Carolina. Booklet containing general information on real estate licensing, the Real Estate License Law, Commission Rules, Trust Account Guidelines, Study Guide, and License Application Form (Available without charge from Commission office.)
It.s Your Move. Student and Teacher's manuals designed to give high school students basic consumer housing information. (Furnished without charge to North Carolina high schools.)
Real Estate Bulletin. Quarterly newsletter distributed to North Carolina real estate brokers and salesmen
Real Estate Course Syllabi. Syllabi prepared by the Commission Education Staff for use by real estate prelicensing course instructors (Available to institutions which offer real estate courses approved by the Commission.)
A Limburger Transaction. Audio-visual (video cassette) program depicting various forms of misrepresentation in real estate transactions. (Available for purchase by schools and for use without charge by licensee groups)
Trust Account Short Course. Three-hour course (including slide presentation) on procedures and requirements for proper handling and accounting of client funds (Conducted monthly by Commission staff without charge for North Carolina real estate agents and trust account bookkeepers on a preregistration basis)
Instructor Workshop. Two-day annual workshop for certified real estate instructors and other persons involved in real estate education. (Coordinated by Commission Education Staff and conducted on a preregistration basis)
Blanton Little Memorial Scholastic Achievement Award and Joe Schweidler Memorial Scholarship. Scholarships established in honor and memory of former Commission Executive Directors and awarded to students who have demonstrated outstanding scholastic achievement each year at the North Carolina REALTORS' Institute.
DEPARTMENTS AND PERSONNEL
REAL ESTATE COMMISSION
AND
EXECUTIVE DIRECTOR
Commission: Consists of seven volunteer members appointed by the Governor. At least two members must tee engaged in the real estate business, and at least two "public members" must not be involved in the real estate business
Function: Responsible for policy-making with regard to licensing and regulatory matters governing North Carolina real estate agents Also conducts hearings and takes disciplinary action against licensees for violations of the Real Estate License Law and Commission Rules.
Executive Director: Responsible for overall administration of the Commission's staff, programs and operations in accordance with the policies and directives of the Commission.
ADMINISTRATION
Staff: Financial Officer and Secretarial Support Staff.
Functions: Responsible for personnel management, financial management, purchasing B. and general and technical support (microfilming, computerization, etc.) services
LICENSING
Staff: License Clerks, Record Clerks, and License Application Clerk
Functions: I. Process applications for real estate
licenses
2. Schedule applicants for real estate license examinations.
3 Report exam scores to applicants and issue licenses
4. Maintain records on real estate brokers, salesmen, brokerage corporations, and time
share projects
5. Process applications for annual renewal of licenses
EDUCATION
Staff: Education Director, Assistant Education Director, and Support Staff.
Functions: 1. Develop standards and materials for real estate
prelicensing courses
2. Approve schools and instructors conducting real estate prelicensing courses
3. Develop and administer real estate license examination program.
LEGAL
Staff: Legal Counsel (Assistant Attorney General), Deputy Legal Counsel, Legal Information Officer, Consumer Information Analyst, and Support Staff.
Functions: 1. Conduct inquiries and coordinate investigations of consumer
complaints against real estate agents and time share salesmen.
2. Prosecute charges against licensees at hearings before the Real Estate Commission.
3. Provide legal counsel to the Real Estate Commission.
INVESTIGATIVE
Staff: Director of Audits and Investigations, Investigators, Trust Account Auditory and Support Staff.
Functions: 1. Investigate complaints against real estate agents and time share
sales and management personnel.
2. Examine trust accounts of real estate firms and time share projects.
INFORMATION DIRECTORY (919) 733-9580 |
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| Subject | Ask For | |
| Applications for Licenses | Application Clerk | |
| Broker-In-Charge Records. | Records Department | |
| Corporation Licenses | License Clerk | |
| Education Courses & Programs | Education Department | |
| Exam Results | License Clerk | |
| Exam Reviews | Education Secretary | |
| Exam Scheduling | Application Clerk | |
| Financial, Personnel, Administration | Financial Officer | |
| Hearing Arrangements & Information | Legal Secretary | |
| Instructor Inquiries | Asst. Education Director | |
| Investigation Status | Dir. of Audits & Invest | |
| Legal Inquiries | Legal Department | |
| Consumer Complaints & Inquiries | Legal Information Officer, Consumer Information Analyst, Legal Secretary |
|
| Licensee Inquiries | Legal Information Officer | |
| Time Share Complaints & Inquiries | Consumer lnf. Analyst | |
| License History Certifications | Records Clerk | |
| Qualifications for Licenses | Applications Clerk | |
| Equivalent Education/Experience | Asst. Education Director | |
| Reciprocal (Nonresident) Licenses | License Clerk | |
| Record Changes for Licensees (Address, Name, etc.) | Records Department | |
| Reinstatement of Licenses | License Clerk | |
| Renewal of Licenses | Records Department | |
| Salesman License Transfer | Records Department | |
| Time Share Records | Time Share Clerk | |
| Trust Account Courses | Administrative Sec | |
' The Real Estate Commission is not authorized to give le,e,al advice or answer questions on legal subjects other than the North Carolina Real Estate License Law {G. S. 93A) or the Rules and Regulations promulgated by the Real Estate Commission (21 NCAC 58 A and B)
Directions To
North Carolina Real Estate Commission Office
