Q&A Library » NC REALTORS®

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Insight Articles

10 Common Forms (And Other) Questions Posed on the Legal Hotline in 2015
A Tangled Web
Disclosure of Broker Compensation
Don't Forget the Referral Fee Disclosure
Don't Keep Recent Construction or Renovations a Secret
Escalation Clauses May Throw Kinks Into Deals
Forms Guy Explains New Additional Signatures Addendum to “Krankie” Member
Handling Multiple Offers
Jude “Liens” on Forms Guy
Keys to Risk of Loss, Delivery of Possession
Legal Quiz: Back-up Contract Addendum (November 2020)
Legal Quiz: Popular Q&As (August 2016)
Legal Quiz: Popular Q&As (August 2019)
Legal Quiz: Popular Q&As (August 2020)
Legal Quiz: Popular Q&As (August 2021)
Legal Quiz: Popular Q&As (May 2016)
Legal Quiz: Popular Q&As (May 2019)
Legal Quiz: Popular Q&As (May 2020)
Legal Quiz: Popular Q&As (May 2022)
Legal Quiz: Real Estate Advertising (February 2021)
Legal Quiz: Top Legal Hotline Questions of 2021 (February 2022)
Legal Talk: Form 350-T
Legal Talk: What in the World is FIRPTA?
LegalTalk: What the listing agent should look out for when the most recent owner of the property is deceased
Negotiating Repairs During Due Diligence Period
Payment of Disputed Earnest Money Deposit to Clerk of Court
Release of Earnest Money Deposit Without Consent of a Party
Termination of Agency Relationship by Principal
The Duty of Good Faith and Fair Dealing
The Importance of Getting a Home Inspection
Who owns the mineral rights on your property?
Will’s All-Time Top Ten Questions

Advertising

"Do Not Call" rules
Advertising “sold” properties as a listing agent
Advertising Permitted Number of Bedrooms
Advertising using sold data obtained from an MLS
Can a REALTOR® include one of my listings in her print advertising without my consent?
Can agents post on social media that a listing is under contract without the listing agent’s permission?
Can commission rates be used in advertising?
Can I advertise a room as a bedroom even though it does not have a closet?
Can I advertise another firm’s property on social media?
Firm Name Required in Advertising
How many bedrooms can I advertise if the county has no record of the septic system capacity?
Is the Equal Housing Opportunity logo required on all advertising?
Is Virtual Staging Legal in North Carolina?
Legal Quiz: Real Estate Advertising (February 2021)
May I set up and advertise a charity donation program?
Offering of Inducements
Use Correct Name of Firm in Advertising
Use of “Sold” signs on property that is under contract
What are the rules governing the placement of directional signs?

Agency

Are listing agents required to present verbal offers to their clients?
Can a broker initial a contract change for their client?
Can a departing agent take their clients with them to a new firm?
Can an agent represent both the seller and buyer if they have authorized designated dual agency?
Can I show a buyer client my firm’s listings without written authority?
Can two members of the same "team" be designated agents for a buyer and seller?
Do I have to let sellers out of a listing agreement at their request?
Duties of Listing Agent to Estranged Spouse of Client
Guidelines for completing the new dual agency paragraph in the listing agreement
If an agency agreement is set to expire while a property is under contract, does it need to be extended?
In dual agency, is it permissible for a buyer’s agent to complete a CMA?
Liability of Agent under Contract With Third-Party Vendor
Limiting a Firm’s Exposure When an Affiliated Agent Has a Side Business
May Agent Sign HUD-1 on Client’s Behalf?
May an agent sign closing documents on a client’s behalf?
Obligation to Ask About Agency
Representing a client after agency agreement expires
Signatures and Changes on Listing Agreements
Termination of Agency Relationship by Principal
Three Buyers, One House, and One REALTOR®
To Represent or Refer—That is the Question
What are an escrow agent’s duties when earnest money is never received?
What should I do if my client disappears?
When my firm is acting as a dual agent, can I give advice regarding negotiation strategy?
Working with a Buyer as a Seller Agent
Working with a buyer who does not want to use an agent or an attorney

Code of Ethics

Advertising “Sold” Properties as a Buyer’s Agent
Agent changing firms - communications with existing clients
Brokering a Business Opportunity
Can a buyer agent put a “sold” sign on property after closing?
Can a buyer’s agent submit an offer directly to the seller?
Can a departing agent take their clients with them to a new firm?
Can a listing agent deal with a buyer who has fired his buyer’s agent?
Can I act as a buyer's agent for someone who is listing his home with a different firm?
Can I exclude another agent from showing my listing?
Dealings With Another Broker’s Client
Disclosing Relationship to Party
Disclosure of Confidential Information After Agency Relationship Ends
Disclosure of Contingent Sale Contract
Disclosure Of Multiple Offers
Firm Name Required in Advertising
Handling a client’s intent to discriminate based on sexual orientation or gender identity
How broad is Standard of Practice 10-5’s prohibition on “hate speech”?
How can I keep the identity of my client a secret?
Is a listing agent obligated to confirm that an offer has been presented?
Is it ethical to offer incentives to prospective buyer and seller clients?
Is the Equal Housing Opportunity logo required on all advertising?
Is there any recourse when a listing agent uses listing content without permission?
Listing Agreements & Contact by Seller-Client of Another REALTOR®
May I advertise my role in sales after leaving a firm?
May I set up and advertise a charity donation program?
May I tell a buyer that they can hire me at no cost to them?
Must Disclosure of Ownership Interest in Buyer Client be in Contract?
Obligation of Listing Agent to Disclose Interest in LLC-Seller
Obligation to Ask About Agency
Refusal to Cooperate & Compensate Per Direction From Client
Sexual Orientation Discrimination
Showing Property Listed in a Different MLS
Soliciting future business of another REALTOR®'s client
Termination of Agency Relationship by Principal
Use Correct Name of Firm in Advertising
Use of Property Disclosure Statement
What should I do if another agent is spreading misinformation about me?
When Can New Listing Agreement be Signed?
When does a listing agent need to disclose their familial relationship with the seller?
Written Solicitations and the Code of Ethics

Contract Law

Accepting an offer from a buyer after making a counteroffer to a different buyer
Are escalation clauses legal?
Authority of Agent to Bind Client to Sales Contract
Builders Warranties
Can a client make changes to the pre-printed language on a NC REALTORS© form?
Can a contract be binding if a change hasn't been initialed by a party?
Can a counteroffer be accepted without a client’s signature?
Can a seller be required to perform a contract to sell real property?
Can a strikethrough in Form 2-T make the contract contingent on the buyer’s obtaining a loan?
Can an addendum be part of a contract if it’s not submitted with the offer?
Can buyers allow a seller to complete repairs post-closing?
Can parties reinstate a terminated contract?
Communicating acceptance of a contract by email
Contract Formation and the Mirror-Image Rule
Counteroffers and the Effective Date in Standard Form 2-T
Do agents have the authority to make contracts for their clients?
Does a natural disaster affect parties’ rights under a contract?
Handling Multiple Offers
Handling multiple offers - and requests for highest and best offers
How do I document changes involving the parties named in a pending contract?
How does my client assign his rights under a purchase contract?
How does the discovery of a right of first refusal affect a contract?
If a buyer indicates he won’t close, when can a seller terminate the contract?
Is an Additional EMD “delivered” when it’s dropped in the mailbox?
Is the contract effective if a termination form and an extension request arrive in the same email?
Is there a binding contract if the Settlement Date is left blank?
Is there a standard form for assigning a contract?
Last Minute Due Diligence Repair Requests
Must changes to an offer always be initialed and dated?
Negotiating the amendment of a contract
Seller Possession after Closing and Buyer’s Right of Entry
The Duty of Good Faith and Fair Dealing
What are the buyer’s options when the seller replaces the front door with a less expensive door?
What happens to a contract after the 14-day delay period has passed?
What is the best way to withdraw an offer?
What should a broker do with a non-standard contract addendum?
What should I do with a letter of intent?
When does the Due Diligence Period end if nothing is written in the “date” blank?
Which form should be used to request repairs of the seller?
Who is entitled to the earnest money deposit if the buyer dies before closing?
Who pays the connection fee when a property is vacant and the utilities are disconnected?

Disclosure

A seller’s duty to disclose latent material defects
Agent's duty to disclose a short sale situation
Agents' duty to discover and disclose facts about highways that are proposed but not yet planned?
Buying or Selling on Your Own Account
Can a buyer recover the due diligence fee based on a listing agent’s misrepresentation?
Can brokers check the "no representation" boxes on the Residential Property Disclosure Statement when selling their own property?
Can property damage be a material fact even if the damage has been fully remediated?
Disclosing Buyer’s Withdrawal from Multiple Offer Situation
Disclosing R-Value of Insulation
Disclosure Obligation of Agent Not Involved in Transaction
Disclosure Of Back-Up Contract
Disclosure of Bankruptcy
Disclosure of Death or Existence of Group Home
Disclosure Of Fact That Buyer Is Under Contract
Disclosure of Group Home with Elderly Residents
Disclosure of Pending Foreclosure Proceeding
Disclosure of School District Information
Disclosure Statements and Sale of REO Property
Disclosure, Material Facts, the Residential Property Disclosure Statement, and the Due Diligence Fee
Do all sellers have to sign the same residential property disclosure statement?
Do brokers have a duty to disclose material facts to a buyer’s lender?
Do heirs have to sign the disclosure statements?
Do I have to disclose that my seller’s neighbor is mad at him?
Do listing agents have a duty to discover the existence of a utility easement?
Does a listing agent have to disclose prior low appraisals?
Duty to disclose material facts - items listed on repair request
Duty to investigate and disclose "completed" repairs
Duty to Review Inspection Reports
Estate listings and Disclosure Statements
Guidance for using the 2020 version of the Residential Property Disclosure Statement
How to handle a property with an underground storage tank
Is a seller's "condition" to signing a sales contract a material fact?
Is an inspection report a material fact that must be disclosed?
Is criminal activity at or near a listed or managed property a material fact that agents must disclose?
Is seller's intended refusal to sign a deed a material fact?
Is the existence of a VA or FHA appraisal a material fact that must be disclosed?
Is the Presence of a Sex Offender a Material Fact?
Listing property with unpermitted improvements
Mineral, Oil and Gas Rights Mandatory Disclosure Statement
Must a dual agent disclose the buyer’s intended use of the property?
Possible refund of Due Diligence Fee for wrong answer on Disclosure Statement
Proper handling of a multiple offer situation
Property Disclosure Statement & Vacant Land
Property Disclosure Statement and "As Is" Sales
Property Disclosure Statement and Foreclosure
Should a buyer be concerned about unpermitted improvements?
Should listing agents review inspection reports received from buyers?
Suicide on Property
Synthetic Stucco Disclosure
Timely disclosure of material facts to a back-up buyer
Underground Storage Tank Information
What are a listing agent’s duties relating to the Residential Property Disclosure Statement?
What are an agent's duties to discover zoning restrictions?
What are an agent’s disclosure obligations after a transaction is terminated?
What are an agent’s duties regarding disclosure of an off-site condition?
What are an agent’s duties regarding HOA documents?
What are an agent’s duties when elevated radon levels are detected?
When does a seller have to provide the Mineral and Oil and Gas Rights Mandatory Disclosure Statement?
When does an agent have a duty to discover and disclose a potential defect?
When is housing considered “built” for purposes of the lead-based paint disclosure rule?

Fees/Commissions

“Loose” Buyer and Agent’s Entitlement to Compensation
Are closing attorneys required to disburse the brokers’ commissions at closing?
Attempting to Reduce Cooperating Broker’s Commission
Buyer's Agent Attempt to Change Compensation at Time of Offer
Can a broker get paid a commission before the closing documents have been recorded?
Can a listing agent offer compensation expressed as a percentage of the net sales price?
Can a listing agent pay commissions based on net sales price?
Can a listing firm reduce its commission to promote an "in-house" sale?
Can agents receive payment for the oversight of construction work?
Can an agent assign a commission to a loan company?
Can commission rates be used in advertising?
Can I be paid a commission if I don’t a have a written buyer agency agreement?
Can I cash a commission check that is less than what is due?
Can I pay a referral fee to an out-of-state licensee?
Can I share a commission with a lawyer?
Can my seller change the compensation I have offered to a buyer agent?
Commission Dispute/Buyer’s Threat Not to Close
Compensation of firm for referral of client to builder
Compensation of REALTOR® Who is Not Member of the Same MLS or Board
Cooperating Broker & Seller's Refusal to Pay Listing Agent
Disclosure of referral fee agreement to prospective buyer or seller
Dual or Variable Rate Commission
Handling a buyer agent's request for increased compensation
How do I enforce a referral agreement?
How should agents’ agreements to reduce their commissions be documented?
How should I pay commissions due to a provisional broker who left my firm?
If an agency agreement is set to expire while a property is under contract, does it need to be extended?
Is Commission Due When Seller Gets Cold Feet?
Is Cooperating Commission Due When Transaction Does Not Close?
Is the MLS co-broker fee owed if the seller terminates the contract?
License Status & Payment of Commissions
Liens on Residential Property for Brokerage Fees
May a referral fee be paid to an agent with an inactive license?
May a retainer fee be paid directly to an agent?
May an investment advisor be paid a referral fee?
May I offer to rebate part of my commission to a buyer?
Paying brokerage commissions at closing
Recovery of Buyer Agency Commission After Wrongful Termination
Referral Fee Disclosure
Request for Change in Cooperating Compensation
Sharing Commission with a Buyer or Seller
Sharing Commission With Client
Vacation Rentals – Cleaning Fees
What happens if a seller refuses to accept a full-price offer?
What should I do if the seller won’t allow my commission to be paid at closing?

Forms

Summary of Forms Changes

July 2020 - Summary of July 2020 Commercial Forms Changes
July 2020 - Summary of July 2020 Property Management Forms Changes
July 2020 - Summary of July 2020 Residential Forms Changes
July 2021 - Summary of July 2021 Commercial Forms Changes
July 2021 - Summary of July 2021 Residential Forms Changes
July 2022 - Summary of July 2022 Auction Forms Changes
July 2022 - Summary of July 2022 Commercial Forms Changes
July 2022 - Summary of July 2022 Property Management Forms Changes
July 2022 - Summary of July 2022 Residential Forms Changes
May 2020 - Summary of May 2020 Forms Changes

Addenda to Offer to Purchase and Contract

Are Additional Earnest Money Deposits refundable if a property doesn’t appraise and the buyer is seeking an FHA or VA loan?
Are home builders required to provide a one-year warranty on new construction?
Are sellers required to pay all inspection costs that the VA prohibits a buyer from paying?
Back-Up Contracts, Notice of Primary Status, and the Due Diligence Fee
Buyer's rights when VA appraisal comes in low
Can the Back-Up Contract Addendum be used to create more than one back-up contract?
Can the buyer come onto the property after closing while the seller is still in possession?
Concealing the Existence of Vacation Rentals
Contract Termination Right under FHA/VA Financing Addendum
Does a buyer have to add their spouse to the Seller Financing Addendum?
Does a buyer's agent have to sign the lead-based paint addendum?
Does Seller Have Loan Approval Rights Under Seller Financing Addendum?
Does the buyer have to pay rent if the contract is terminated before the Commencement Date?
Does the seller have to schedule inspections if the buyer is obtaining a VA loan?
Effect of failure to comply with lead-based paint disclosure requirements
FHA/VA Financing and Refund of Earnest Money Deposit
Forms Guy explains new Additional Signatures Addendum to “Krankie” Member
Guidance for Agents Considering the Use of an Appraisal Addendum
How should the transfer of rental property be addressed in an Offer to Purchase?
Is a back-up buyer entitled to conduct due diligence before becoming the primary buyer?
Is an addendum necessary to make the contract “as-is” or obligate the buyer to purchase the property even if the appraisal is low?
Is an unsigned addendum enforceable?
Is Form 2A12-T Required in All Sales of New Construction
Is Form 2A12-T required in every contract for the resale of a condominium?
Is it Okay to Add an Addendum After Contract is Formed?
May a buyer inspect existing tenant leases when purchasing a rental or investment property?
Must the Due Diligence Fee be refunded if the buyer terminates because of a low FHA appraisal?
Must the seller pay VA loan costs if the contract falls through?
Obtaining Owners’ Association Information on Bank-Owned Properties
Owners' Association Disclosure Form and sales of vacant land
Proper Use of Expiration of Offer Provision
Properly calculating the length of seller’s post-closing possession
Seller Possession after Closing and Buyer’s Right of Entry
Seller’s responsibility for paying VA financing costs
Selling property that includes a manufactured home
Should a buyer initial the lead-based paint addendum even when the seller has provided no information or documents?
The Back-up Contract Addendum and Payment of the Due Diligence Fee
Use of New Construction Addendum With Due Diligence Contract
What happens to an “Expiration of Offer” provision when the offer is rejected?
What should a broker do with a non-standard contract addendum?
When can the seller terminate the contract under the COVID-19 Addendum?
When do Additional Improvements have to be finished under the New Construction Addendum?
When does a back-up contract become binding?
When Does Accepted Short Sale Offer Become Binding?
When does the seller have to turn over the keys if the seller remains in possession after closing?
When is the Vacation Rental Addendum required?
Which form should be used to request repairs of the seller?
Which form should I use when a buyer takes possession before closing?
Who pays for de-winterizing and re-winterizing the pool?
Who should sign the Additional Signatures Addendum?

Offer to Purchase and Contract

Termination/Breach

Are buyers obligated to pay the Due Diligence Fee if they terminate before the Fee is delivered?
Buyer’s Ability to Conduct Inspections After the Due Diligence Period and Seller’s Obligations
Buyer’s right to EMD refund after end of Due Diligence Period
Can a buyer terminate the contract if negotiated repairs are not properly made?
Can a seller terminate if Additional EMD is paid by personal check?
Condition of Property at Closing
Does Buyer's Due Diligence Fee get refunded upon Seller's breach of contract?
Effect of non-delivery of termination form before end of Due Diligence Period
Is a buyer's concealment of a significant debt a breach of contract?
Is the seller’s failure to timely deliver a lease to the buyer a breach of contract?
NC Supreme Court Decision Addressing Form 2-T and Buyer Breach
Non-Satisfaction of Condition vs. Breach
Obligation of Breaching Buyer to Pay Additional Earnest Money Deposit
Parties’ rights when loan declined due to association’s insufficient reserves
Seller’s Remedies After End of Permitted Delay in Settlement
Sellers' action: a condition not satisfied or a breach of contract?
Using Form 355-T to Demand Funds from the Buyer
What are Seller's Remedies if Buyer Refuses to Deliver the Due Diligence Fee?
What are the parties’ rights when something happens to property after contract?
When Can a Buyer Declare a Breach of Contract by Seller?
When may a buyer terminate a contract if there is a problem with the seller’s title?

Settlement/Closing

Buyer’s Right to Do Final Walk-Through
Is Contract Amendment Required for Early Settlement?
Seller obligation to deliver deed no later than settlement
When Should Delivery of Possession Take Place?

Contract Formation

Are initials of all parties required on each page of a contract?
Can a seller retract acceptance of an offer if all buyers have not yet signed the contract?
Can an offer be withdrawn even if all parties have signed it?
Can an offer include an additional earnest money deposit but no initial earnest money deposit?
Counteroffers and the Effective Date in Standard Form 2-T
Determining the "Effective Date" of a Contract
Do all contracts have to identify an escrow agent?
Do spouses both have to sign a contract to purchase real property?
Effect of Seller's delay in delivering an "unconditional" acceptance
Is there a contract if the Earnest Money Deposit or Due Diligence Fee hasn’t been delivered?
When does a contract become binding?
Who is authorized to sign a contract on behalf of an LLC?

Due Diligence

Are there limits on a buyer’s right to inspect the seller’s property?
Buyer’s Ability to Conduct Inspections After the Due Diligence Period and Seller’s Obligations
Buyer’s Due Diligence Rights if the Due Diligence Fee is Zero
Buyer’s Due Diligence Rights When No Due Diligence Fee Is Paid
Can a seller deny the buyer’s home inspector access to the property?
Delivery of Due Diligence Fee by Effective Date of Contract
Due Diligence Ain’t Over ‘Til it’s Over
Due Diligence End Date Blank—Don’t Use “N/A”
Last Minute Due Diligence Repair Requests
Last-Minute Repair Requests
Negotiating Repairs During Due Diligence Period
Seller rights when buyer fails to deliver Due Diligence Fee
Should all offers include a specific end date for the "Due Diligence Period"?
Timely Delivery of Due Diligence Fee
What should a seller do if the buyer delays in delivering the Due Diligence Fee?
When does the Due Diligence Period end if nothing is written in the “date” blank?

Fixtures

“Fixtures” Paragraph and Garage Door Openers
Are bathroom wall mirrors fixtures?
Does a buyer have to pay for leftover fuel in an attached fuel tank at Closing?
Does a refrigerator stay if it’s not in the Contract?
Does the seller get to keep the swimming pool robot vacuum?
Is a free-standing stove a fixture that will convey with the property?
Is the seller’s home gym a fixture that should convey?
Who gets to keep the utility shed?

Inspections/Repairs

Can a repair be agreed on after the Due Diligence Period ends?
Can a seller refuse access to a buyer who has failed to deliver the Due Diligence Fee?
Importance of negotiating repairs before Due Diligence Period ends
Importance of the final walk-through inspection
Is the seller required to convey personal property in substantially the same or better condition?
Is there a legal definition of "final walk-through inspection"?
Must Repairs Be Performed During the Due Diligence Period?
Parties’ Rights and Obligations Regarding Inspection of Underground Fuel Tank
Seller Obligation to Pay Utility Connection Costs
Who is responsible for re-inspection costs if repairs aren’t properly made?

Miscellaneous

Acknowledging receipt of Due Diligence Fee
Are All Sellers Required to Acknowledge Receipt of the Due Diligence Fee?
Are Raffles Legal?
Are the prorations of taxes and rents affected by a delay in Closing?
Buyer's responsibility for loan-related costs
Buyer’s Rights if Condition of Property Changes Between Offer and Closing
Can a buyer do a cash/loan switch-er-oo?
Can a buyer seek different financing after a contract is signed?
Can a notice sent electronically be “legal notice” under the standard offer to purchase and contract?
Can a seller give a special warranty deed instead of a general warranty deed?
Can a strikethrough in Form 2-T make the contract contingent on the buyer’s obtaining a loan?
Can sellers wait until the closing documents are signed before removing their personal property?
Can the “Delay in Settlement/Closing” paragraph be stricken from the contract?
Does a buyer's decision to obtain a loan change the seller's contractual obligations?
Does a client have to provide their information on the Notice Information page of the contract?
Does the Contract’s “Notice Information” section have to be filled out?
Handling of Disputed Earnest Money Deposits by Lawyer Escrow Agents
If a sale includes a mobile home, must the Additional Provisions Addendum be used?
Is an Additional EMD due by any particular time of day?
Is the Due Diligence Contract fair to buyers?
Lender’s Disapproval of Reimbursable Expenses
May Agent Sign HUD-1 on Client’s Behalf?
May the seller remove the contents of a fuel tank after going under contract?
Must the Contract be amended if the Settlement Date changes?
Payment of Additional Earnest Money
Proper Handling of Earnest Money Deposits Payable to Third Party Escrow Agents
Refund of Due Diligence Fee in New Condo Sale
Responsibility for Special Assessments
Special Contract Needed When Selling New Construction by Non-Owner Builder
To whom do I return the earnest money when multiple buyers do not agree?
Use of Property Disclosure Statement
What does it mean if the second box in the “Settlement Date” section of the Agreement to Amend Contract isn’t checked?
What happens if a seller's fence encroaches on a neighbor's property?
What happens if my buyer client fails to obtain a survey?
What time of day controls if notice is sent from or to a different time zone?
Which contractual obligations survive closing?
Which party gets to select the warranty company?
Who pays owner association “transfer fees?”
Who pays special assessments that come due after Settlement?
Who pays special assessments, the buyer or seller?
Who’s responsible for paying special assessments?

Seller Forms - 100 Series

Can a listing firm be liable for floor damaged at an open house?
Can I list multiple properties in a single agreement?
Can I use one listing agreement if the same seller is selling multiple properties?
Changes to listing agreement forms effective May 1st
Do all title holders need to sign the listing agreement?
Does Foreclosure Sale Void Listing Agreement?
Expired Listing and Seller’s Commission Obligation
Guidelines for completing the new dual agency paragraph in the listing agreement
How should I list property that is titled in the name of a trust?
How to Protect Your Right to an Earned Commission
If an agency agreement is set to expire while a property is under contract, does it need to be extended?
Is FSBO seller obligated to pay commission if buyer defaults?
Is the prior firm entitled to compensation when a seller changes listing agents?
Meaning of “Primary Residence” in Listing Agreement
Proper Representation of Ownership in New Home Listings
Right to fee under listing agreement
Should a non-owner spouse sign a listing agreement?
Status of Listing Agreement When Owner Dies
What happens to listing of husband and wife’s property when one of them dies?
What happens when the listing firm, seller, and buyer all claim the Earnest Money Deposit?
Who signs the listing agreement on “estate” property?
Will an earned commission always be due and payable?

Buyer Forms - 200 Series

Does the buyer agency agreement cover post-closing construction of a home?
Exclusive and Non-Exclusive Buyer Agency Agreements: Compensation
Filling in Compensation Blank in Exclusive Buyer Agency Agreement
Form 220 - Is It Required?
How do I document a referral fee agreement with a builder?
If an agency agreement is set to expire while a property is under contract, does it need to be extended?
Is there a buyer agency form that does not obligate my client to pay my fee?
Properly completing compensation disclosure section of buyer agency agreement
Three Buyers, One House, and One REALTOR®
Using buyer agency agreement for buying multiple properties of different types

Contract-Related Forms - 300 Series

Can a buyer submit multiple repair requests during the due diligence period?
Different Versions of Termination Form Signed
How long can a party delay after a new settlement date is agreed on?
Improper Use of the Due Diligence Request and Agreement (Form 310-T)
Is “Notice of Termination” Form Required to Terminate Contract?
Is a contract terminated if the buyer and seller exchange competing termination forms and cannot agree on who gets the due diligence fee?
Is the contract effective if a termination form and an extension request arrive in the same email?
Is the contract terminated if the seller doesn’t sign Form 390-T before the end of Due Diligence?
Is there a contract if the earnest money deposit hasn’t been paid?
Must seller sign buyer’s notice of termination if no earnest money has been paid?
Proper Use of Due Diligence Request and Agreement Form
Using Form 355-T to Demand Funds from the Buyer
What are the buyer’s options when the seller replaces the front door with a less expensive door?
Which form should I use to terminate a contract during the Due Diligence Period?

Miscellaneous

“Mixing and matching” commercial and residential forms
Agency Agreement Renewal and/or Amendment Form
Broker-to-Builder Referral Agreement
Can a broker get paid a commission before the closing documents have been recorded?
Can a broker sell their own property to an unrepresented buyer using the standard forms?
Can I give a blank form to one of my friends?
Can you explain the recent change to the termination of agency agreement?
Elimination of the loan contingency in Standard Form 580-T
Guidelines for using the Professional Services Disclosure and Election form
How long can the buyer delay closing under Form 580-T?
How should I document a second amendment to an Offer to Purchase and Contract?
Is a referral fee based on the total commission if the receiving firm is a dual agent?
Is it appropriate to reference Form 770 as an addendum to a purchase contract?
New COVID-19 Addendum Released
New Onsite Preview Addendum Released
Notifying buyers and sellers of the potential for wire fraud
Proper use of New Construction Contract form
Proper use of Professional Services Disclosure and Election form
Refund of Due Diligence Fee in New Condo Sale
Selling property with an abandoned house
The importance of putting your referral agreements in writing
Use of Property Disclosure Statement
What form should I use to confirm compensation with a listing agent outside my MLS?
What form should I use to list a property for rent?
What happens to the protection period if an agreement to terminate a listing is signed?
Working With Real Estate Agents Disclosure for lease transactions

Landlord-Tenant/Property Management Issues

Agent’s Handling of Small Claims Court Complaint
Are surveillance cameras allowed on the outside of rental properties?
Can I provide a tenant's credit report to my landlord-client?
Do all owners need to sign my Property Management Agreement?
How Does Foreclosure Affect Tenancy?
Is a lease signed by an 18 year old legally binding?
Is it legal to charge a cleaning fee in a residential lease?
Property Management: Providing Copies of Leases to Owners
Responsibility for Bed Bug Infestation
Security Deposit Deduction for Missing Furniture
Security Deposits and Joint and Several Liability
What do I do with a tenant's abandoned personal property?

Miscellaneous

REALTOR® Marks

Can I use the REALTOR® logo in my marketing?
Can I use the term REALTORS® in the name of my firm?
Proper Use of REALTOR® Marks on the Internet
What are the rules about using the term REALTOR® in an email address?

Other Laws and Rules

Are all changes to an offer considered a rejection of that offer?
Are Escalation Clauses Legal?
Are independent contractor agreements necessary?
Are Raffles Legal?
Are the disclosure statements required on a condo sale?
As an independent contractor, am I eligible for unemployment benefits?
Authority to list property under a power of attorney
Brokering Lease-Purchase and Lease-Option Transactions
Buyer Letters and Fair Housing Laws
Can a buyer list property for sale that they do not own yet?
Can a buyer who intends to subdivide a listed property use Form 12-T to make an offer?
Can a court-appointed guardian sell real property?
Can a lender pay for the costs of an open house?
Can a real estate ad mention a protected class?
Can a seller refuse to accept a full-price offer?
Can an out-of-state power of attorney be used to sell real estate in North Carolina?
Can I list property if the owner doesn’t have a deed?
Can I make a video recording inside a listed property?
Can I provide neighborhood demographic information to a buyer client?
Can I sell a mobile home without a mobile home dealer's license?
Can I stop a former client from using my photos?
Can my friend loan money to a buyer to complete a purchase?
Can NC REALTORS® forms be used in other states?
Can the sale of “estate” property be subject to upset bids?
Current laws and rules on the use of drones
Do all pre-paid inspection charges have to be itemized on the HUD-1?
Do buyers have three days to rescind a purchase contract?
Do I have a duty to verify the mental capacity of a potential client?
Do I have to refile my assumed named certificate?
Do Not Call Rules Update
Do the buyer and seller have the right to see the entire HUD-1 Settlement Statement?
Does a buyer have the right to cancel a contract for a new condo or townhome?
Earnest Money Deposits and the Good Funds Settlement Act
Effect of Governor’s Order on Association Activities
Financial Resources for Real Estate Brokers and Firms
Guidelines for buyers and their agents when attending a showing
How long and under what circumstances are FHA appraisals binding?
How should a power of attorney be signed?
How to Properly Handle Estate Property Sales
If Disclosure Statements aren’t timely delivered, does the buyer get their Due Diligence Fee back?
If there’s a discrepancy between the deed and the tax records, which do I go by in taking a listing?
In how many counties do I need to file an assumed name certificate?
Is a photocopy of a check legal tender?
Is an existing lease binding on a buyer?
Is the Equal Housing Opportunity logo required on all advertising?
Is there a duty to share a copy of an earnest money check with the listing agent?
Latest developments on the use of drones
Listing Agreements and Consent Orders in Divorce Cases
Listing and selling land that is being subdivided
LLC’s “Limited Liability” Has its Limits
Materialman's Liens on Real Property
May a buyer inspect existing tenant leases when purchasing a rental or investment property?
May Agent Sign HUD-1 on Client’s Behalf?
Must a Bank Owner Provide a Disclosure Statement?
New Limited Power of Attorney for Real Property Transactions
Occupancy standards and the Fair Housing laws
Phone Solicitation and the Do Not Call Registry
Privilege licenses
Refund of Due Diligence Fee in New Condo Sale
Rules for sending commercial email
Selling property subject to a subdivision ordinance
Use of Disclosure Statement in Estate Sale
Use of Property Disclosure Statement
Using an Association’s Ombudsman Program to Help Avoid a Formal Complaint
What are the rights and duties of an owner of land that has graves located on it?
What do I need to know about the FAA's new drone rule?
What happens to a lease when property is sold?
What happens to a listing agreement when the listing agent dies?
What is a “Bedroom?”
Where can I get information about hiring a mold consultant?
Who owns personal property that seller fails to remove?
Will a buyer be bound by an oral lease on the property?
Will my seller have sales proceeds withheld because she is not a US citizen?

MLS Issues

Can a listing agent offer compensation expressed as a percentage of the net sales price?
Do agents selling their own property have to put their property in the MLS?
Do I have to report that my listing is under contract to MLS before the Due Diligence Fee is paid?
Does a buyer's agent have the right to participate in the presentation of an offer?
Is the builder considered the procuring cause if my buyer answers a question on the builder’s website?
Is There Any Obligation to Pay Co-Brokerage Fee if Seller Breaches Contract?
Is there any recourse when a listing agent uses listing content without permission?
May I exclude another broker from selling my listing?
New MLS fees policy on the horizon
Presentation of Counter-Offer to Buyer by Listing Agent
Presentation of Offer to Seller by Cooperating Broker
What is the new MLS “Clear Cooperation Policy”?

Ethics & Arbitration Procedures

Arbitration Between REALTORS® Affiliated With Same Firm
Board's Obligation to Offer Mediation
Expired Buyer Agency Agreement and Procuring Cause

Real Estate License Law/Rules

Abandonment of Claim to Disputed Deposit
Agent’s Duty to Review Closing Statement for Accuracy and Notify Parties of Errors
Brokerage Fee Provision in Contract Form
Buyer agent's duty to attend inspections
Can a BIC face discipline for losing track of a provisional broker’s license anniversary date?
Can a broker affiliated with a firm receive a commission check directly from the closing attorney?
Can a broker get paid a commission before the closing documents have been recorded?
Can a broker make an offer on her own listing?
Can a buyer agent put a “sold” sign on property after closing?
Can a buyer pay a due diligence fee in cash?
Can a buyer’s agent submit an offer directly to the seller?
Can a listing agent disclose the contract price to a back-up buyer?
Can a listing agent reject an emailed offer?
Can a provisional broker on a team have two BICs?
Can a provisional broker prepare a Comparative Market Analysis?
Can a real estate broker create a lease-purchase or lease-option agreement?
Can an unlicensed assistant “host” an open house?
Can an unlicensed assistant receive earnest money deposits?
Can brokers advertise a “Free Home Valuation"?
Can I do business as a sole proprietor while I'm setting up an LLC?
Can I pay a cooperating commission to a sole proprietor who is not a BIC?
Can I recommend an inspector’s walk and talk service?
Can I use a last name different from the one on my real estate license for advertising?
Can I use my firm's trust account for my own rental properties?
Can language regarding payment of my brokerage fee be added to an offer?
Can list price be increased to reflect contract price?
Can my firm disburse an earnest money deposit without the written consent of both parties?
Can property damage be a material fact even if the damage has been fully remediated?
Data security laws and keeping copies of client checks
Delivery of Earnest Money Deposit More Than 3 Days Following Contract
Depositing Broker’s Own Funds into Trust Account
Disclosing Existence and Number of Competing Offers
Disclosing information about offers received in a multiple offer situation
Disclosure of Broker Compensation
Disclosure, Material Facts, the Residential Property Disclosure Statement, and the Due Diligence Fee
Do buyer agents have a duty to verify square footage information?
Do I have to report criminal charges to the Real Estate Commission?
Do I have to retain copies of my Facebook posts describing my listings?
Do I need a BIC for my new office?
Do I need to be the BIC of an LLC set up to receive sales commissions?
Do referral fees have to be disclosed to a customer?
Do rejected offers need to be retained for three years?
Do sellers have a duty to respond promptly to all offers?
Does my firm need copies of my buyer agency records even if my client's offer is not accepted?
Don't Forget the Referral Fee Disclosure
Duty to Accurately Report Square Footage and Buyer Remedies for Misrepresentation
Escalation Addenda and Sharing Competing Offers
How does an agent purchase their own listing?
How Long May BIC be Continuously Absent From Office?
If I form a team with another agent, will I need a firm license?
If my LLC joins a "team", do I need to designate myself as broker-in-charge?
Is a back-up contract a material fact?
Is it possible to be a seller subagent by default?
Is new Disclosure Statement required for vacant land sales?
License requirement for Subchapter S corporations
Licensing of LLC Formed for Tax Purposes
Listing agent’s duty to provide accurate square footage information
May a broker be paid a commission by their former BIC?
May a listing agent wait up to three days before delivering my buyer’s offer?
May an Unlicensed Assistant Complete an Offer to Purchase?
May Earnest Money Check be Endorsed Over to Seller?
May I use a name other than my legal name in the real estate business?
Must an old version of the Offer to Purchase be presented?
Must I return a Due Diligence Fee check to the buyer if they demand it?
Payment of Disputed Earnest Money Deposit to Clerk of Court
Proper Disclosure of Seller Subagency
Prospective Clients and the Working with Real Estate Agents Form
Real Estate Commission’s Conflict of Interest Rules
Record Retention Rule
Record retention rule - what documents are covered?
Release of Earnest Money Deposit Without Consent of a Party
Responsibility for Bed Bug Infestation
Retaining Electronic Copies of Documents
Returning Due Diligence Fee Check to Buyer
Short Sales and Presentation of Offers
Three Buyers, One House, and One REALTOR®
Treatment of Detached Workshop Under Square Footage Guidelines
TRID - Agent's duty to review Closing Disclosures
Unlicensed Personal Assistant and Open House
Use of Property Disclosure Statement in Condo Sale
What are the rules for the delivery of Short Sale offers?
What do REALTORS® need to do when selling their own home?
What happens to a listing agreement when the listing agent dies?
What happens when the listing firm, seller, and buyer all claim the Earnest Money Deposit?
What is an “ownership interest” under the Real Estate Commission’s new Rule?
What makes the right to occupy a property for a period of time a time share?
When is the “drafting” of contract language considered the unauthorized practice of law?
Which boxes should I check on the new WWREA form for buyers?
Who can receive the commission of a deceased agent?
Working With Real Estate Agents Brochure

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Legal Hotline – (336) 294-1415

Call in and ask for an NC REALTORS® lawyer. Calls are typically taken or returned after 1 PM every weekday that NC REALTORS®’ offices are open. If you would like to email your question instead, the email address is: legalhotline@ncrealtors.org.

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Ask questions about software, apps, desktop, tablet, laptop, smartphone, and other hardware devices. NC REALTORS® can access this member benefit Monday-Friday from 9:00 A.M. to 8:00 P.M. and Saturday from 9:00 A.M. to 5:00 P.M. EST. You can also start a chat instead or email your question to support@techhelpline.com.

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