Bulletin 1971 V2-3

ATTORNEY GENERAL'S OPINION

Subject: Licenses & Licensing; Real Estate Licensing Board; Licensing North Carolina Residents Who Become Nonresidents; Reciprocity; G. S. 93A-4 and G. S. 93A-9.
Question: If a resident of North Carolina has been licensed by the Board as a real estate broker or salesman and the licensee subsequently moves to a state which does not offer licensing privileges to residents of North Carolina, may such licensee retain his North Carolina license?
Conclusion: No. Such license must be cancelled by the Board irrespective of whether there is reciprocity between the new state of residence of the licensee and North Carolina. The Board has discretionary authority to issue a new license under G. S. 93A-9 to residents of states which will license North Carolina residents.

Chapter 93A (Real Estate Brokers and Salesmen) contains no specific provisions relating to the questions presented.

G. S. 93A-4 provides for and gives the requirements for acquiring a North Carolina real estate broker's or salesman's license. Although the statute does not specifically so provide, it obviously applies only to North Carolina residents since the provisions for licensing nonresidents are contained in G. S. 93A-9.

G. S. 93A-9 is as follows:

"§93A-9. Licensing nonresidents.-An applicant from another state, which offers licensing privileges to residents of North Carolina, may be licensed by conforming to all the provisions of this Chapter and, in the discretion of the Board, such other terms and conditions as are required of North Carolina residents applying for license in such other state; . . . ."

In our opinion, a licensee who becomes a nonresident, no longer has a valid license, and the Board has no discretion to continue his resident's license, irrespective of whether the licensee's new state of residence has reciprocity with North Carolina. The Board should treat a licensee who becomes a non-resident as other nonresidents applying for a North Carolina broker's or

salesman's license and the Board may proceed under G. S. 93A-9, if applicable,- if such person applies for a nonresident broker's or salesman's license.

23 September, 1971