North Carolina Administrative Code

21 NCAC 58B .0402 TIMESHARE AGENCY AGREEMENTS AND DISCLOSURE Timeshare sales transactions conducted by brokers on behalf of a developer are subject to 21 NCAC 58A .0104. History Note: Authority G.S. 93A-3(c); 93A-51; Eff. August 1, 1998; Pursuant to G.S. 150B-21.3A, rule is neces…

SECTION .0500 – handling and accounting of funds 21 NCAC 58B .0501 TIMESHARE TRUST FUNDS (a) Except as otherwise permitted by G.S. 93A-45(d), all monies received by a developer or a timeshare salesperson in connection with a timeshare sales transaction shall be deposited into a t…

SECTION .0600 - PROGRAM BROKER 21 NCAC 58B .0601 DESIGNATION OF PROGRAM BROKER (a) The developer shall designate a program broker for each registered timeshare program. The developer shall file with the Commission an Affidavit of Timeshare Program Broker available on the Commissi…

21 NCAC 58B .0602 DUTIES OF THE PROGRAM BROKER (a) The program broker shall: (1) display the timeshare program registration certificate at the project; (2) ensure that each broker affiliated with the program has complied with Rules .0503 and .0504 of this Subchapter; (3) notify t…

SECTION .0700 - TIME SHARE FORMS 21 NCAC 58B .0701 FORMS FOR TIME SHARE PROJECTS History Note: Authority G.S. 93A-51; 150B-11(1); Eff. July 1, 1989; Expired Eff. June 1, 2018 pursuant to G.S. 150B-21.3A.

21 NCAC 58C .0105 WITHDRAWAL OR DENIAL OF APPROVAL History Note: Authority G.S. 93A-4; 93A-6; Eff. September 1, 1979; Amended Eff. July 1, 2009; April 1, 2006; July 1, 2000; July 1, 1994; May 1, 1990; February 1, 1989; November 1, 1987; Repealed Eff. July 1, 2017.

21 NCAC 58C .0106 PROGRAM CHANGES History Note: Authority G.S. 93A-4(a),(d); Eff. January 1, 1981; Amended Eff. July 1, 2000; February 1, 1989; November 1, 1987; Repealed Eff. September 1, 2002.

21 NCAC 58C .0107 USE OF EXAMINATION PERFORMANCE DATA History Note: Authority G.S. 93A-4(a),(d); Eff. September 1, 1984; Amended Eff. July 1, 2000; July 1, 1994; May 1, 1990; Repealed Eff. July 1, 2017.

21 NCAC 58C .0108 STUDENT EVALUATIONS OF INSTRUCTOR PERFORMANCE History Note: Authority G.S. 93A-4(a),(d); Amended Eff. July 1, 2000; Repealed Eff. July 1, 2017.

SECTION .0200 - PRIVATE REAL ESTATE SCHOOLS 21 NCAC 58C .0201 APPLICABILITY History Note: Authority G.S. 93A-4(a),(d); 93A-33; Eff. October 1, 1980; Amended Eff. February 1, 1989; December 1, 1987; Transferred and Recodified from 21 NCAC 58A .1301 Eff. November 27, 1989; Repealed…

21 NCAC 58C .0202 ORIGINAL APPLICATION FEE History Note: Authority G.S. 93A-33; 93A-34(b); Eff. July 1, 1990; Amended Eff. April 1, 2006; July 1, 1994; Repealed Eff. July 1, 2017.

21 NCAC 58C .0215 QUARTERLY REPORTS History Note: Authority G.S. 93A-4(a),(d); 93A-33; Eff. October 1, 1980; Amended Eff. September 1, 1984; Transferred and Recodified from 21 NCAC 58A .1315 Eff. November 27, 1989; Repealed Eff. September 1, 2002.

21 NCAC 58C .0219 VIOLATIONS OF THE AMERICANS WITH DISABLITIES ACT History Note: Authority G.S. 93A-3(c); 93A-33; Eff. July 1, 1993; Repealed Eff. July 1, 2017.

21 NCAC 58C .0220 STUDENT EVALUATIONS OF INSTRUCTOR PERFORMANCE History Note: Authority G.S. 93A-4(a),(d); 93A-33; Eff. July 1, 2000; Repealed Eff. July 1, 2017.

21 NCAC 58C .0221 TRANSFER OF SCHOOL OWNERSHIP History Note: Authority G.S. 93A-33; 93A-34; 93A-35; Eff. July 1, 2014; Repealed Eff. July 1, 2017.

21 NCAC 58C .0308 APPRAISAL INSTRUCTORS History Note: Filed as a Temporary Amendment Eff. July 5, 1990, For a Period of 180 Days to Expire on January 1, 1991; Authority G.S. 93A-33; 93A-75(a); Eff. May 1, 1990; Amended Eff. February 1, 1991; January 1, 1991; Repealed Eff. July 1,…

21 NCAC 58C .0309 COURSE COMPLETION REPORTING History Note: Authority G.S. 93A-4(a); 93A-4(a2); 93A-4(d); 93A-33; Eff. September 1, 1979; Amended Eff. February 1, 1989; September 1, 1984; January 1, 1981; Transferred and Recodified from 21 NCAC 58A .1111 Eff. November 27, 1989; A…

21 NCAC 58C .0310 COURSE RECORDS History Note: Authority G.S. 93A-4(a),(d); 93A-33; Eff. September 1, 1984; Recodified from Rule 58A .1105 (d) and (e) Eff. January 6, 1989; Transferred and Recodified from 21 NCAC 58A .1113 Eff. November 27, 1989; Amended Eff. July 1, 2014; Octobe…

21 NCAC 58C .0311 INSTRUCTIONAL DELIVERY METHODS The principal instructional delivery method utilized in real estate prelicensing and postlicensing courses must provide for the instructor to interact with students either in person in a traditional classroom setting or through an …

21 NCAC 58C .0312 EXCEPTION FOR PERSONS WITH DISABILITIES Schools may deviate from Commission rules concerning student attendance, course scheduling, instructional methods, instructional materials, facilities or similar matters as may be necessary in order for a school to comply …

21 NCAC 58C .0313 NOTICE OF SCHEDULED COURSES History Note: Authority G.S. 93A-4(a1),(d); 93A-33; Eff. January 1, 2008; Amended Eff. July 1, 2009; Repealed Eff. July 1, 2017.

21 NCAC 58D .0210 TEMPORARY PRACTICE History Note: Authority G.S. 93A-77; Title XI, Section 1122 (a); 12 U.S.C. 3351(a); Eff. January 1, 1992; Amended Eff. July 1, 1993; Repealed Eff. July 1, 1994.

SECTION .0500 - STANDARDS OF APPRAISAL PRACTICE 21 NCAC 58D .0501 APPRAISAL STANDARDS History Note: Authority G.S. 93A-77; Eff. May 1, 1990; Amended Eff. July 1, 1991; Repealed Eff. July 1, 1994.

SECTION .0700 - DECLARATORY RULINGS 21 NCAC 58D .0701 REQUESTS FOR RULINGS: DISPOSITION OF REQUESTS History Note: Authority G.S. 93A-77; 150B-4; Eff. May 1, 1992; Repealed Eff. July 1, 1994.

21 NCAC 58E .0310 DISTANCE EDUCATION COURSES History Note: Authority G.S. 93A-3(c); 93A-4.1; Eff. July 1, 1996; Amended Eff. July 1, 2009; July 1, 2005; July 1, 2000; Repealed Eff. July 1, 2017.

SECTION .0400 - GENERAL SPONSOR REQUIREMENTS 21 NCAC 58E .0401 PURPOSE AND APPLICABILITY This Section contains miscellaneous general provisions relating to the approval of sponsors to conduct either the update course or elective courses and to the responsibilities of approved spo…

21 NCAC 58E .0402 SPONSOR ELIGIBILITY Any legal entity is eligible to seek approval as a sponsor of continuing education courses, provided that the entity seeking approval of a course as a continuing education elective course is either the owner of the proprietary rights to the c…

21 NCAC 58E .0403 SPONSOR NAME (a) The official name to be used by any course sponsor in connection with the offering of an approved continuing education course must clearly distinguish the sponsor from any other previously approved continuing education course sponsor. Unless the…

21 NCAC 58E .0404 ADVANCE APPROVAL REQUIRED Prospective sponsors of an update course or elective course must obtain written approval from the Commission to conduct such course prior to conducting the course and prior to advertising or otherwise representing that the course is or …

21 NCAC 58E .0405 CONTINUING EDUCATION COORDINATOR A sponsor of an update course or elective course must designate one person to serve as the continuing education coordinator for all Commission-approved continuing education courses offered by the sponsor. The designated coordinat…

21 NCAC 58E .0406 COURSE COMPLETION REPORTING (a) Course sponsors must prepare and submit to the Commission, along with the per student fee required by G.S. 93A-4.1(d), reports verifying completion of a continuing education course for each licensee who satisfactorily completes th…

21 NCAC 58E .0407 PER STUDENT FEE History Note: Authority G.S. 93A-3(c); 93A-4A; Eff. July 1, 1994; Amended Eff. July 1, 2005; August 1, 1998; July 1, 1996; July 1, 1995; Repealed Eff. April 1, 2006.

21 NCAC 58E .0515 ACCOMMODATIONS FOR PERSONS WITH DISABILITIES History Note: Authority G.S. 93A-3(c); 93A-4A; Eff. July 1, 1995; Amended Eff. July 1, 2000; Repealed Eff. July 1, 2017.

SUBCHAPTER 58G – NORTH CAROLINA REAL ESTATE COMMISSION SECTION .0100 – General 21 NCAC 58G .0101 per diem A member of the Real Estate Commission shall receive a per diem payment of two hundred dollars ($200.00) for each day during which the member is engaged in business for or on…

21 NCAC 58g .0102 LOCATION (a) The office of the North Carolina Real Estate Commission is located at 1313 Navaho Drive, Raleigh, North Carolina. The mailing address is Post Office Box 17100, Raleigh, North Carolina 27619-7100. (b) Forms and information about the office may be obt…

21 NCAC 58g .0103 DEFINITIONS The following definitions apply throughout this Chapter and to all forms prescribed pursuant to this Chapter: (1) "Branch Office" means any office in addition to the principal office of a broker that is operated in connection with the broker's real e…

21 NCAC 58G .0106 SYNCHRONOUS DISTANCE-LEARNING FOR PUBLIC HEALTH EMERGENCY History Note: Authority G.S. 93A-3(c); 93A-4.1(c); Emergency Adoption Eff. May 1, 2020; Emergency Adoption Expired Eff. July 14, 2020.

SUBCHAPTER 58H - REAL ESTATE EDUCATION SECTION .0100 – GENERAL 21 NCAC 58H .0101 definitions The following definitions apply throughout this Subchapter and to all forms prescribed pursuant to this Chapter: (1) "Assessment" means a quiz or evaluation that tests a student's mastery…

SECTION .0200 - REAL ESTATE EDUCATION PROVIDERS 21 NCAC 58H .0201 APPLICABILITY This Section applies to all real estate education providers offering approved real estate courses. Public education providers shall be exempt from the rules in this Section unless the rule specificall…

21 NCAC 58H .0202 ApPLICATION For education provider certification (a) Any community college, junior college, or university located in this State and accredited by the Southern Association of Colleges and Schools seeking education provider certification shall apply to the Commiss…

21 NCAC 58H .0203 Education DIRECTOR (a) All education providers shall designate an education director, who shall: (1) supervise all education provider operations related to the conduct of offering Prelicensing, Postlicensing, and Continuing Education courses; (2) ensure that eac…

21 NCAC 58H .0204 Policies and PRocedures Disclosure (a) An education provider shall publish a Policies and Procedures Disclosure for prospective students. (b) In addition to the information required by G.S. 93A-34(c)(5), an education provider's Policies and Procedures Disclosure…

21 NCAC 58H .0205 course materials (a) All courses shall have course materials that cover current North Carolina real estate related laws, rules, and practices. The nature and depth of subject matter coverage shall be consistent with the competency and instructional levels prescr…

21 NCAC 58H .0206 ADVERTISING and RECRUITMENT ACTIVITIES (a) An education provider or instructor shall not advertise or otherwise make available any License Examination Performance Record or license examination pass rates or completion rates, nor reference or publish the pass rat…

21 NCAC 58H .0207 course completion certificates and reports (a) For each Prelicensing course taught, an education provider shall provide a course completion certificate within 180 days of enrollment that is signed by the education director to each student that: (1) in synchronou…

21 NCAC 58H .0208 Education provider RECORDS All education provider records shall be retained for three years by the education provider and be made available to the Commission during an investigation or application process. Education provider records shall include: (1) enrollment…

21 NCAC 58H .0209 RENEWAL AND EXPIRATION of education provider certification (a) All education provider and public education provider certifications shall expire annually on June 30 following certification. (b) An education provider or public education provider seeking renewal of…

21 ncac 58H .0210 LIMITatation, DENIAL, WITHDRAWAL, or termination OF education provider certification (a) The Commission may limit, deny, or withdraw certification of an education provider or suspend, revoke, or deny renewal of the certification of an education provider upon fin…

21 NCAC 58H .0216 LIMITED EDUCATION PROVIDER PETITION FOR RECONSIDERATION (a) An education provider may submit a written petition to reconsider the determination made pursuant to Rule .0210(c) of this Section. The petition shall be accompanied by any documentary evidence that con…

SECTION .0300 – approved instructors 21 NCAC 58H .0301 Prelicensing, Postlicensing, and update course INSTRUCTOR APPROVAL (a) Approval of an instructor to teach Prelicensing and Postlicensing courses shall authorize the instructor to teach courses only in conjunction with and at …