North Carolina Real Estate Commission Attorneys

North Carolina Real Estate Commission Attorneys-image

Real Estate Commission Attorney in North Carolina

If you are a real estate agent in North Carolina, you know firsthand the value of a real estate license. Your livelihood, your financial stability, and your family’s security depend on your professional credentials. When your North Carolina real estate license is threatened because of disciplinary action, you need the legal support of experienced North Carolina Real Estate Commission Attorneys

About North State Law – Your North Carolina Real Estate Commission Attorneys

When your license is on the line, you want an attorney with the legal knowledge and confidence it takes to help you. At North State Law, we help North Carolina real estate license-holding professionals and real estate companies when they face issues such as suspension, revocation, or disciplinary action from the North Carolina Real Estate Commission.

We have been defending our clients’ professional licenses since 2019. We approach each case with empathy, working tirelessly toward satisfactory resolutions. We know what’s at stake for each of our clients, and we take pride in representing them.

What is the North Carolina Real Estate Commission?

In 1957, North Carolina General Statute 93A-1 went into effect, which deemed it unlawful for any person or business entity to act as a real estate broker without obtaining a license from the North Carolina Real Estate Commission. The North Carolina Real Estate Commission is a regulatory body that oversees the issuance and management of real estate licenses in North Carolina.

As of 2024, about 64.5% of people in North Carolina were homeowners. That figure translates to a thriving real estate market requiring an abundance of licensed real estate agents and brokerages. 

While the North Carolina Real Estate Commission completes additional tasks as a state agency, its primary function includes overseeing licensing and regulating real estate agents. The regulation includes the power to hand down disciplinary action, including suspension, revocation of a license, or censure or reprimand of any license holder.

The North Carolina Real Estate Commission can act on its initiative or receive a complaint from anyone, which may trigger an investigation into the allegations of violations. 

Possible Reasons for Disciplinary Action from the North Carolina Real Estate Commission

Many situations may lead to suspension, revocation, or investigation by the North Carolina Real Estate Commission. You can find many of these in the North Carolina General Statute 93A-6. However, the following situations are common ones we see within our practice:

  • Conviction of a crime demonstrating professional unfitness (theft, bribery, extortion, etc.) in North Carolina or any other state
  • Pursuing a course of misrepresentation or false promises through agents, advertising, or otherwise
  • Monetary mismanagement (commingling money, trust accounts, escrow, etc)
  • Knowledge of clients providing false information in disclosure statements
  • Unlawful practice of law by contract additions or subtractions for their clients

How Does the Complaint Process Work?

When a complaint is filed with the North Carolina Real Estate Commission, the general steps toward resolution are as follows:

  • An attorney on the commission’s staff reviews the claim and decides whether the commission has the authority to address it.
  • If so, a committee officer communicates with the person who filed the complaint to get the necessary information from them.
  • The real estate professional in question is then notified of the complaint and given the chance to respond.
  • If possible, the case is resolved through this initial investigation and gathering of information.
  • If the commission decides a hearing is necessary, both sides of the argument are heard, and a final determination is made.

Why You Should Hire a Real Estate Commission Attorney

As stated above, the North Carolina Real Estate Commission can begin an investigation into allegations of wrongdoing on its own initiative or in response to a complaint by a person. The Commission can subpoena witnesses, records, or other materials that pertain to the allegations. 

If you do not comply with a subpoena, you may face punishment from a North Carolina court.

Throughout the entire review process, you are entitled to legal representation. When facing a possible threat to your license, it is always a good idea to hire a real estate commission attorney. While many cases only involve written communications or phone calls, some complaints escalate to a higher level.

Obtaining a lawyer early in the process allows the lawyer to work on defending you before proceedings have started in earnest. With this time, the attorney has time to ask questions, obtain documents, and build the strongest defense possible in an effort to protect your real estate license.

The commission may also hold hearings on the allegations of misconduct. An experienced attorney can work with you and prepare you for these meetings. In a hearing situation, someone who is not well-versed in administrative law may answer questions in a way that buries the defense of their Real Estate License without even knowing they’re doing so.

Ultimately, obtaining an experienced lawyer to defend you means that someone experienced in these matters is on your side, advocating for you.

What Defenses Might an Attorney Employ in a Real Estate Commission Case?

When defending clients against allegations in a North Carolina Real Estate Commission complaint, attorneys choose their defense strategies based on the actual facts of the case. The following are a few potential defense positions:

  • There was no misconduct. If the client did not actually do anything wrong, or if the case is borderline and there is insufficient proof from the complaining side, an attorney may argue that their client did not actually violate standards of conduct.
  • The misconduct was accidental. Although real estate agents and brokerages are supposed to operate according to real estate laws, and they have a responsibility to know those regulations and abide by them, people make mistakes. If the conduct was accidental, an attorney may build their defense around the client’s lack of understanding regarding the specific issue at hand.
  • No harm was done. When a person makes a complaint against a real estate professional, the assumption is that the professional’s misconduct caused the person complaining to suffer losses. If there were no losses, the professional’s attorney may build the defense using a “no harm done” strategy.
  • The person complaining was responsible for the mistake. Sometimes, real estate buyers or sellers intentionally provide false information to real estate professionals, which may lead to inadvertent violations of real estate law. In these cases, an attorney may attempt to prove that their client was not responsible for the problem. 

What To Do if You Suspect Someone May Complain

First, take a deep breath. If you’re facing professional discipline, there is no doubt you’re fearful of the unknown. Worry and fear are typical emotions we witness in our clients when they first contact us. What helps alleviate these emotions is information.

If you think a notice of misconduct allegations will be coming soon, we strongly suggest you contact an experienced attorney with a record of defending clients in front of state agencies like the North Carolina Real Estate Commission. At North State Law, we can answer any questions you may have about your situation to help you better understand what you’re facing. We can also walk you through how we can help.

FAQs

Can a Real Estate License Be Reinstated Once It Has Been Revoked?

Yes. In North Carolina, it is possible for a real estate license to be reinstated even if it was revoked for disciplinary reasons, but there are no guarantees. Whether or not the North Carolina Real Estate Commission is going to reinstate a revoked license depends on the reasons for the revocation. Unique factors can also impact a decision, including competency and whether the issues leading to the revocation have been corrected. 

How Can I Contact the North Carolina Real Estate Commission? 

You can contact the North Carolina Real Estate Commission by email at [email protected]. You can also mail documents or any other communications to their mailing address, which is P.O. Box 17100 in Raleigh. If you need to physically visit the office, their physical address is 1313 Navaho Drive, in Raleigh. 

Can My Attorney Write My Complaint Response for Me?

Yes. If you hire an attorney to help you defend yourself against disciplinary action from the North Carolina Real Estate Commission, your attorney can draft your complaint response for you. They are going to need your help gathering the necessary information to write a thorough reply, but their legal knowledge and experience can be put to good use during the actual composition. 

What if the Allegations in the Complaint Against Me Are True?

If the allegations against you are true, there is no need to panic or resign yourself to losing your license. Your attorney can help you defend yourself, even if the accusations are substantiated. Experienced lawyers know how to craft a defense that helps the Real Estate Commission see their client as a human being who simply made a mistake. 

Contact North State Law If you have received a notice of misconduct allegations, are facing investigation, license suspension, or revocation by the North Carolina Real Estate Commission, or suspect that you might be soon, don’t wait to enlist legal help. Contact Nick Dowgul of North State Law to discuss your situation.

North Carolina Real Estate License Videos from North State Law

Impact of Arrest on Professional License in NC
10 Ways to Avoid Receiving Professional License Disciplinary Letter
Professional License Tips for NC Real Estate Professionals
Professional License Renewal in North Carolina
Appealing A Licensing Board or Stage Agency’s Decision
Managing Coming Soon Listings as a NC Real Estate Professional

North Carolina Real Estate License Information from the North State Law Blog

Additional NC Real Estate License Resources

North Carolina Real Estate Commission Information

North Carolina Real Estate Commission
Website 

Physical Address:
1313 Navaho Drive
Raleigh, NC 27609

Mailing Address:
PO Box 17100
Raleigh, NC 27619

 

North State Law

Dedicated to Defending YourProfessional Future.

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