Key Takeaways

  • NCREC can suspend, revoke, or reprimand licensees for violations of license law
  • Common violations include trust account mishandling, failure to disclose material facts, and misrepresentation
  • The NC Real Estate Recovery Fund compensates victims when licensees cannot pay judgments
  • Licensees have the right to a hearing before discipline is imposed
  • Practicing without a license or while license is inactive is a criminal misdemeanor
Last updated: January 2026

License Law Violations and Discipline

NCREC has authority to discipline licensees for violations of the Real Estate License Law and Commission rules.

Types of Violations

Common Violations

CategoryExamples
Trust AccountFailure to deposit timely, commingling, conversion
DisclosureFailure to disclose material facts, agency status
MisrepresentationFalse statements about property or terms
SupervisionBIC failing to supervise provisional brokers
AdvertisingMisleading ads, failure to identify firm
Unauthorized PracticePracticing with inactive license
CompetenceFailure to provide competent service

Specific Prohibited Acts Under N.C.G.S. 93A-6

  1. Making false statements to obtain a license
  2. Unworthiness or incompetence to act as broker
  3. Dishonest or fraudulent conduct
  4. Failure to account for funds
  5. Commingling client funds with personal funds
  6. Acting as undisclosed principal in a transaction
  7. Conviction of crime showing unfitness
  8. Improper advertising
  9. Violating fair housing laws
  10. Making false promises likely to influence

Disciplinary Actions

Available Sanctions

SanctionDescription
ReprimandOfficial warning on record
ProbationLicense conditions imposed
SuspensionTemporary loss of license
RevocationPermanent loss of license
DenialRefusal to issue/renew
EducationRequired additional training

Disciplinary Process

Investigation

NCREC initiates investigations based on:

  • Consumer complaints
  • Referrals from other agencies
  • Audit findings
  • Self-reporting

Due Process Rights

Licensees have rights including:

  • Written notice of charges
  • Opportunity for hearing
  • Legal representation
  • Present evidence and witnesses
  • Appeal adverse decisions

Hearing Process

StageDescription
NoticeWritten notice of charges
ResponseLicensee may respond
HearingBefore Commission or ALJ
DecisionCommission issues final order
AppealMay appeal to Superior Court

NC Real Estate Recovery Fund

The Real Estate Education and Recovery Fund compensates victims of licensee misconduct:

Fund Details

FeatureDetail
Maximum per transaction$50,000
Maximum per licensee$75,000
SourcePortion of license fees
ConditionCourt judgment required; licensee unable to pay

Fund Process

  1. Victim obtains court judgment against licensee
  2. Licensee cannot pay judgment
  3. Victim applies to Recovery Fund
  4. Fund pays within limits
  5. Licensee's license is suspended until fund is reimbursed

Consequence: If the Recovery Fund pays a claim, the licensee's license is automatically suspended until full reimbursement plus interest.

Criminal Violations

Unlicensed Practice

OffensePenalty
Practicing without licenseClass 1 misdemeanor
Aiding unlicensed practiceClass 1 misdemeanor
Practicing with inactive licenseViolation of license law
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NCREC Disciplinary Process
Test Your Knowledge

What is the maximum amount the NC Real Estate Recovery Fund can pay per transaction?

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Test Your Knowledge

What happens if the NC Recovery Fund pays a claim against a licensee?

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