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North Carolina
Governing Agency
North Carolina Real Estate Commission

Website:
http://www.ncrec.gov/

Address:
1313 Navaho Drive
Raleigh, NC 27609
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Tel. No.:
919-875-3700
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Email:
[email protected]
License/Activity Law
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License Law found in Chapter 93A of the General Statutes of North Carolina (GSNC).

The Rules and Regulations are found in Chapter 58 of the North Carolina Administrative
Code (NCAC).
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For guideline to rules and regulations: http://www.ncrec.gov/pdfs/studyguide.pdf
Referral Fee/Commission Sharing

A licensee shall not undertake in any manner, any arrangement, contract, plan or other
course of conduct, to compensate or share compensation with unlicensed persons or
entities for any acts performed in North Carolina for which licensure by the Commission
is required. 21 NCAC 58A .0109(g).

Note that NC brokers may split commissions or pay referral fees to licensees of another
state so long as the out-of-state licensee does not provide any brokerage services while
physically in North Carolina. http://www.ncrec.gov/pdfs/studyguide.pdf
Acts requiring license

It shall be unlawful for any person, partnership, corporation, limited liability company,
association, or other business entity in this State to act as a real estate broker, or directly
These materials have been prepared for informational purposes only and are not legal advice. This
information is not intended to create, and receipt of it does not constitute, an attorney-client relationship.
This website is not intended to be a source for legal advice, and thus the reader should not rely on any
information provided in this website as such.
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or indirectly to engage or assume to engage in the business of real estate broker or to
advertise or hold himself or herself or themselves out as engaging in or conducting such
business without first obtaining a license issued by the North Carolina Real Estate
Commission under the provisions of this Chapter. GSNC § 93A-1.
o GSNC § 93A-2(a): a Broker sells or offers to sell, buys or offers to buy, auctions
or offers to auction (specifically not including a mere crier of sales), or negotiates
the purchase or sale or exchange of real estate, or who leases or offers to lease, or
who sells or offers to sell leases of whatever character, or rents or offers to rent
any real estate or the improvement thereon, for others.
Reciprocity

Persons applying for a North Carolina broker license who hold a current real estate
license that has been on active status within the previous three years in another state of
the United States, a United States territory or possession or a Canadian jurisdiction shall
meet the licensing requirements prescribed in G.S. 93A-4 except that such persons shall
be exempt from the "national" section of the North Carolina real estate license
examination, but shall pass the "state" section of that examination. A person qualifying
for licensure under this provision shall be issued a North Carolina broker license on a
status comparable to the category of license held by the person in the jurisdiction where
the qualifying license is held. 21 NCAC 58A .0511(a).

Brokers who were licensed in North Carolina by reciprocity shall be entitled to retain
such license indefinitely, unless suspended, revoked or surrendered pursuant to G.S. 93A6, so long as the license is continuously renewed or is reinstated within six months of
expiration. A person who was previously licensed in North Carolina by reciprocity and
who seeks reinstatement of that license after the license has been expired for more than
six months, suspended, revoked or surrendered shall satisfy the requirements described in
Rule .0505 of this Section. 21 NCAC 58A .0502(b).
License Types and Requirements

A real estate broker is any person, partnership, corporation, limited liability company,
association, or other business entity who for a compensation or valuable consideration or
promise thereof lists or offers to list, sells or offers to sell, buys or offers to buy, auctions
or offers to auction (specifically not including a mere crier of sales), or negotiates the
purchase or sale or exchange of real estate, or who leases or offers to lease, or who sells
or offers to sell leases of whatever character, or rents or offers to rent any real estate or
the improvement thereon, for others. GSNC § 93A-2(a).
These materials have been prepared for informational purposes only and are not legal advice. This
information is not intended to create, and receipt of it does not constitute, an attorney-client relationship.
This website is not intended to be a source for legal advice, and thus the reader should not rely on any
information provided in this website as such.
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o For applications and qualifications: GSNC § 93A-4.

A broker-in-charge is a real estate broker who has been designated as the broker having
responsibility for the supervision of brokers on provisional status engaged in real estate
brokerage at a particular real estate office and for other administrative and supervisory
duties as the Commission shall prescribe by rule. GSNC § 93A-2(a1).
o For qualification: GSNC § 93A-4.2; 21 NCAC 58A .0110(g).

A provisional broker is a real estate broker who, pending acquisition and documentation
to the Commission of the education or experience prescribed by either G.S. 93A-4(a1) or
G.S. 93A-4.3, must be supervised by a broker-in-charge when performing any act for
which a real estate license is required. GSNC § 93A-2(a2).

Every business entity other than a sole proprietorship shall apply for and obtain from the
Commission a firm license prior to engaging in business as a real estate broker. 21 NCAC
58A .0502(a).
o Entity must show the Commission that one principal of the business entity holds a
broker license on active status and in good standing who will serve as qualifying
broker of the entity. 21 NCAC 58A .0502(b).
o The qualifying broker of a partnership of any kind must be a general partner of
the partnership; the qualifying broker of a limited liability company must be a
manager of the company; and the qualifying broker of a corporation must be an
officer of the corporation. 21 NCAC 58A .0502(b).
o A provisional broker may not serve as a qualifying broker. 21 NCAC 58A
.0502(b).
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Nonresident
o The Commission may issue a broker license to an applicant licensed in a foreign
jurisdiction who has satisfied the requirements for licensure set out in G.S. 93A-4
or such other requirements as the Commission in its discretion may by rule
require. GSNC § 93A-9(a).
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For application forms: http://www.ncrec.gov/Resources/Forms
These materials have been prepared for informational purposes only and are not legal advice. This
information is not intended to create, and receipt of it does not constitute, an attorney-client relationship.
This website is not intended to be a source for legal advice, and thus the reader should not rely on any
information provided in this website as such.
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Misc./Advertising
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Trade Names
o
In the event that any broker shall advertise in any manner using a firm name or an
assumed name which does not set forth the surname of the broker, the broker shall
first file the appropriate certificate with the office of the county register of deeds
in each county in which the broker intends to engage in brokerage activities in
compliance with G.S. 66-68 and notify the Commission in writing of the use of
such a firm name or assumed name. 21 NCAC 58A .0103 (b).
o A broker shall not include the name of a provisional broker or an unlicensed
person in the name of a sole proprietorship, partnership or business entity other
than a corporation or limited liability company. No broker shall use a business
name that includes the name of any active, inactive, or cancelled broker without
the permission of that broker or that broker's authorized representative. 21 NCAC
58A .0103 (b).
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Advertising
o A provisional broker shall not advertise any brokerage service or the sale,
purchase, exchange, rent or lease of real estate for another or others without the
consent of his or her broker-in-charge and without including in the advertisement
the name of the broker or firm with whom the provisional broker is associated. 21
NCAC 58A .0105(a)(1).
o A broker shall not advertise the sale, purchase, exchange, rent or lease of real
estate, for another or others, in a manner indicating the offer to sell, purchase,
exchange, rent, or lease is being made by the broker's principal only. Every such
advertisement shall conspicuously indicate that it is the advertisement of a broker
or brokerage firm and shall not be confined to publication of only a post office
box number, telephone number, street address, internet web address, or e-mail
address. 21 NCAC 58A .0105(b).
These materials have been prepared for informational purposes only and are not legal advice. This
information is not intended to create, and receipt of it does not constitute, an attorney-client relationship.
This website is not intended to be a source for legal advice, and thus the reader should not rely on any
information provided in this website as such.
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