Responding to or Defending a Complaint before the North Carolina Real Estate Commission
No licensee ever wants to get a letter from the North Carolina Real Estate Commission. If you received a letter from the Commission concerning a violation of the Real Estate Commission Rules or License Laws, you may be uncertain about what to do next, what the procedures are and what the results may be.
You may also be trying to decide whether you need to hire an attorney to assist you in responding to the Commission. Our firm regularly represents brokers like you in responding to the Commission and defending against allegations of misconduct. Representation at the inquiry stage is significantly less expensive than in a formal evidentiary public hearing; therefore, the investment in protecting your license and livelihood generally is more cost-effective in the earlier stages. Although a licensee has a right at any time in the process to be represented by legal counsel, our firm’s best opportunity to assist you in obtaining a favorable or acceptable outcome is in these early stages. We have a good working relationship with counsel for the Real Estate Commission and frequently can work out an acceptable resolution without the need for a formal hearing.
In the sections below, we attempt to address some of the questions you may have and explain the general process, procedures and possible results.
The NC Real Estate Commission – Composition and Disciplinary Authority
As background, the North Carolina Real Estate Commission is created as an agency of the State of North Carolina and consists of nine members, seven members that are appointed by the Governor and two that are appointed by the General Assembly. At least three members of the Commission are licensed real estate brokers and at least two represent the interests of the public at large. The Commission has the power to adopt and enforce rules and regulations, including the power to reprimand, censure suspend or revoke a real estate license.