The North Carolina Real Estate Commission is considering the adoption and amendment of the following rules affecting general brokerage practices and licensing requirements [NOTE: New or revised portions of rules are shown in bold]. If approved by the Commission, the new and amended rules will become effective July 1, 1989.
A.0104 LISTING CONTRACTS
(b)Every written listing contract shall contain a provision that the listed property be offered to all buyers, without respect to their race, color, religion, sex, national origin, handicap or familial status. Such provision shall be set forth in a clear and conspicuous manner which shall distinguish it from other provisions of the contract.
A.0105 ADVERTISING
(d) Business names. A broker or a salesman shall not indude the name of a salesman or an unlicensed person in the name of a sole proprietorship, partnership or non-corporate business formed for the purpose of real estate brokerage.
A.0106 DELIVERY OF INSTRUMENTS
(a) Except as provided in Subsection (b) of this Rule, every broker or salesman shall immediately, but in no event later than five days from the date of execution, deliver to the parties thereto copies of any contract, offer, lease, or option affecting real property.
(b) A broker or salesman who has the express written authority to enter into leases or rental agreements on behalf of a property owner shall deliver to the owner, within thirty days from the date of execution, copies of leases or rental agreements when the tenancy is less than thirty days.
A.0107 HANDLING AND ACCOUNTING OF FUNDS
(h) A broker or salesman shall not disburse prior to dosing any earnest money in his possession for any services performed in connection with a real estate transaction without the written consent of the parties.
A.0109 BROKERAGE FEES AND COMPENSATION
(a) A broker or salesman shall not receive, either directly or indirectly, any commission rebate or other valuable consideration from a vendor or a supplier of goods and services for an expenditure made on behalf of his principal in a real estate transaction without the written consent of the broker's or salesman's principal;
(b) A broker or salesman shall not receive, either directly or indirectly, any commission, rebate or other valuable consideration for services which he recommends, procures, or arranges relating to a real estate transaction for any park, without full disclosure to such park; provided, however, that nothing in this Rule shall be construed to permit a broker or salesman to accept any fee, kickback, or other valuable consideration that is prohibited by the Real Estate Settlement Procedures Act of 1974 (12 USC 2601 et. seq.) or any rules and regulations promulgated by the United States Department of Housing and Urban Development pursuant to such Act.
(c) The commission is not a board of arbitration and has no jurisdiction to settle disputes between parties concerning such matters of contract as the rate of commissions, the division of commissions, pay of salesmen, and similar.matters.
A.0112 OFFERS AND SALES CONTRACTS
(b) A broker or salesman acting as an agent in a real estate transaction shell not use a preprinted offer or sales contract form containing the provisions or terms listed below. A broker, salesman or anyone acting for or at the direction of the broker or salesman shall not insert or cause to be inserted the provisions or terms listed below into any preprinted form, even at the direction of the parties or their attorneys: [NOTE: The provisions relate to payment of brokerage fees and disclaimers of agent liability.]
A.0401 TIME AND PLACE
(a) Examinations for broker's and salesman's licenses will be scheduled at such times and places as determined by the executive director. Applicants will be scheduled for examination based on the date of application filing in accordance with the commission's published schedule of examination dates and application filing dates. Applicants will be given written notice of when and where to appear for examination.
(b) Except as provided in Subsection (d) of this Rule, an applicant who has been scheduled for a particular examination date will not be rescheduled for a later examination date unless a request to be rescheduled is made at least fifteen days in advance of the scheduled examination date. A scheduled examination date may only be postponed until the next following scheduled examination date.
(c) An applicant who has been scheduled for examination at a particular location will not be rescheduled for examination at a different location unless a request to be rescheduled is made at least fifteen days in advance of the scheduled examination date.
(d) An applicant may be granted an excused absence from a scheduled examination if his absence was the direct result of an emergent situation or condition which was beyond the applicant's control and which could not have been reasonably foreseen by the applicant; however, business conflicts, vacation conflicts or conflicts of a similar nature are not acceptable under any circumstances as grounds for granting an excused absence. A request for an excused absence must be made in writing within fifteen days following the examination date and must be supported by appropriate documentation verifying the reason for the absence.
A.0406 EXAMINATION REVIEW
(b) An applicant may be granted an excused absence from a scheduled examination review if his absence was the direct result of an emergency situation or condition which was beyond the applicant's control and which could not have been reasonably foreseen by the applicant; however, business conflicts, vacation conflicts or conflicts of a similar nature are not acceptable under any circumstances-as' grounds for granting an excused absence. A" request foreman excused absence must be made in writing within fifteen day, fo11owing the examination review date and must be supported by appropriate documentation verifying the reason for the absence. An applicant who fails to appear for a scheduled examination review or to obtain an excused absence in accordance with this rule shall be deemed to have waived his right to review his examination.
A.0501 CHARACTER
(c) Notice to the applicant that his moral character is in question Shad tie in writing, sent by certified mail, return receipt requested, to the address shown upon the application. The applicant shall have sixty (60) days from the date of receipt of this notice to request a hearing before the commission. Failure to request a hearing within this time shall constitute a waiver of the applicant's right to a hearing on his application for licensing, and the application shall be deemed denied. Nothing in this rule shall be interpreted to prevent an applicant from reapplying for licensure.
A.1501 LICENSING AND GENERAL BROKERAGE FORMS
The following forms are required by the commission for use in filing and submitting it formation with respect to license applications and general brokerage operations:
1. Application for Real Estate License
2. Application for a License to be Issued to a Corporation
3. Supervision of Salesman Notification
4. Broker-in-Charge Declaration
5. Application for Real Estate License Renewal
6. Consent to Service of Process and Pleadings
7. Affidavit of Residency
A.1502 FORMS FOR SCHOOL APPROVAL OR LICENSURE
The following forms are required by the commission for use in filing and submitting information with respect to school applications to conduct real estate pre-licensing courses:
1. Application for School Approval to Conduct Real Estate Pre-licensing Courses
2. Private Real Estate School License Application
3. Private Real Estate School Performance Bond
4. Supplement to Private Real Estate School License Application for Corporation Applicants
5. Consent to Service of Process and Pleadings for Nonresident Applicants for a Private Real Estate School License.
6. Application for Instructor Approval A.1601 DISCRIMINATORY PRACTICES PROHIBITED
Conduct by brokers and salesmen which violates the provisions of the State Fair Housing Act constitutes improper conduct in violation of G.S. 93A-6(a)(10).
B.0701 FORMS FOR TIME SHARE PROJECTS
The following forms are required by the commission for use in filing and submitting information with respect to applications for time share project registration, renewal and termination:
1. Application for Time Share Project Registration
2. Affidavit of Time Share Project Broker
3. Affidavit of Time Share Registrar
4. Affidavit of Independent Escrow Agent , . . ... ...
5. Developer Designation of Time Share Project Broker, Registrar and Independent Escrow Agent
6. Application for Time Share Project Renewal
7. Notice of Developer Termination of Time Share Project Registration
8. Consent to Service of Process and Pleadings
Any person interested in the Commission's proposals may present oral or written comments at a public rule-making hearing to be held at 9:00 a.m. on April 19, 1989 at the Real Estate Commission office, 1313 Navaho Drive, Raleigh, North Carolina [NOTE: Notice of this hearing has been published in the North Carolina Register pursuant to Chapter 150B of the N.C. General Statutes]. Written comments not presented at the hearing should be delivered or mailed to the Commission office, P.O. Box 17100, Raleigh, NC 27619-7100, so that they may be received by the hearing date.