The 2015-16 General Update Courses focuses on Farewell HUD-1? Hello TRID! What's TRID? Sales of Vacation Rentals, Real Estate Agent Safety, Changes in Commission Rules, Contracts and Addenda, License & Education Review To maintain an active license,
2. Should you be here???
Non-BIC Brokers and
Provisional Brokers must
take this course.
Brokers-in-Charge
& BIC Eligible Brokers
should take the
BICUP Course.
7. It’s December 10 and you just
received a “Buyer Closing Disclosure”
from the attorney for your closing on
December 14.
The document is 5 pages long, and
your Buyers are waiting for you to
explain it to them.
Are you ready to do that?
Scenario 1
p1
8. Your Buyers’ closing is scheduled
for Monday, March 23.
In order to close on that date, your
Buyers must receive a Closing
Disclosure by March 19.
The clock is ticking…
Scenario 2
p1
9. Your obligations are not changing.
There are many similarities between the
old and new forms.
p2
10. Objectives
At the end of this section, you should be able to:
• explain the purpose of the changes.
• identify events that trigger the Loan Estimate (LE).
• identify key elements of the Closing Disclosure (CD).
• identify critical dates for delivery of the CD.
• explain the broker’s responsibility for LE and CD.
• identify issues that may cause closing delays.
p2
19. New rules apply to
LOAN APPLICATIONS
RECEIVED
on or after
October 3, 2015.
p5
20. Who’s Responsible?
LENDERS are responsible for
knowing which transactions are
covered.
Real estate brokers should have a
GENERAL understanding.
Table on page 6 provided for your reference.
pp5-6
21. May lenders use the new Loan
Estimate and Closing Disclosure
forms in excluded transactions
(when the forms are not required)?
p7
23. Which changes require
a new 3-day review of CD?
1. APR increases by MORE than:
• 1/8% for fixed-rate
• 1/4% for adjustable
2. Prepayment penalty
added
3. Basic loan product
changes
p8
28. Loan Application
Borrower has provided:
1. legal name
2. gross income
3. SSN (for credit report)
4. property address
5. estimate of property value
6. amount of mortgage loan requested
p9
29. The Loan Estimate
A lender may NOT charge a consumer
any fee(s) prior to providing
the Loan Estimate other than
a reasonable fee for a…
p10
30. Tolerance Limits still apply
and are now called
“Permissible Variations”
Brief explanations of permissible variations are
provided on page 10.
p10
31. Brokers’ Responsibility for LE
GENERAL
understanding of…
• which
transactions are
subject to TRID
• timing & purpose
of Loan Estimate
Lenders are responsible for the Loan Estimate.
p11
33. If a transaction begins with the OLD
forms, it will end with the OLD forms.
If a transaction begins with the NEW
forms, it will end with the NEW forms.
Reminder: TRID rules apply to
loan applications received
on or after October 3.
p11
34. 2 Separate Closing Disclosures:
Borrower (Buyer) and Seller
Information has not changed.
It’s just been reorganized.
p11
35. Why are there two separate
Closing Disclosure forms?
Borrower’s
confidential loan
information
is not shared with
Seller.
p12
36. “What HIPAA did to medical
offices, TRID has done to
closing attorney offices.”
p13
37. Page 1 of HUD-1 is now Page 3 of Buyer’s CD
HUD-1 page 1 BCD page 3
45. The Biggest Impact for Brokers:
The Borrower’s Closing Disclosure
must be
RECEIVED BY THE BORROWER
at least 3 BUSINESS DAYS
before Settlement
p18
46. What is a “Business” Day?
A Business Day is
Monday-Saturday
Sundays and
10 federal public
holidays are
excluded
p18
47. Definition of “RECEIVED”
If delivered IN PERSON:
The CD is “received” on the same day it
is provided.
If MAILED or delivered ELECTRONICALLY:
The CD is “received”
• on the 3rd business day after delivery
OR
• when lender has EVIDENCE of receipt.
p18
48. Example
If the BCD is RECEIVED BY THE BORROWER
on Monday, what is the earliest possible
date settlement may occur?
Answer: Thursday (unless a federal holiday
occurs during the period)
Monday Tuesday Wednesday Thursday
Delivery Day 1 Day 2
Settlement
(3rd business day)
p19
50. Rules apply to delivery of
BCD ONLY
No requirements for
delivery of SCD to Seller
p19
51. BCD must be delivered to
BORROWER
Delivery to Broker / Buyer Agent
is NOT Sufficient
p19
52. If the lender decides to issue
2 separate closing disclosures,
a broker acting as a dual agent should
only give the parties their respective CDs
Buyer should only see the BCD
Seller should only see the SCD
p19
55. Potential Issues
• Closings may be delayed
• Tasks will have to be performed
earlier (ex: title search)
• Some lenders will create
Disclosures and send to closing
attorneys & attorneys will not be
allowed to make changes
p22
56. Review and Discuss
the Fact Situation
and related Closing Disclosures
on pages 23-27.
Small Group Exercise:
58. You discover a “For Sale” sign in the
yard of one of the vacation rental
properties you manage.
The sign shows the name of another
broker/firm.
What should you do?
Scenario 1
p29
59. You’ve listed a property that is in
high demand. The seller tells you he
sometimes uses it as a vacation
rental. It is not his primary residence.
What questions should you ask him?
Scenario 2
p29
60. Your buyers are interested in a
mountain home they can use as a
second home and a vacation rental.
What questions should you ask the
listing agent?
Scenario 3
p29
61. Objectives
At the end of this section, you should be able to
explain:
• seller and buyer obligations when a vacation rental
property is sold.
• how to handle early termination of the manager-
broker’s agency agreement.
• how to disburse trust monies when a vacation rental
property is sold.
• the value of communication & cooperation between
brokers managing & selling the same property
p30
62. Vacation Rental Act (VRA) Applies to…
A landlord (person or entity)
OR
real estate broker
that manages residential property for
vacation rental.
VRA applies to ALL owners of residential property
used for vacation rentals even if no broker is
involved.
p30
63. “Vacation Rental”
• Rental of residential property
• Vacation, leisure or recreation purpose
• Less than ninety (90) days
• Renter has permanent residence elsewhere
p30
64. Handling Monies Related to
Vacation Rentals
Owner-Landlords OR Brokers…
• must deposit advance payments into trust
or escrow account within 3 banking days
of receipt.
• may NOT disburse sales or occupancy tax
or security deposit prior to end of tenancy
or breach by tenant UNLESS refunding to
tenant.
pp30-31
65. What Monies May Be Released or
Paid Out Prior to the Tenancy?
• “Administrative fees”
• Fees owed to third
parties on tenant's
behalf
• Maximum of 50% of
advance rent
p31
66. Tenant Security Deposits (TSDs)
• Cannot post a bond for TSD in lieu of trust
account
• Telephone and cable television charges may
be deducted (if specified in lease)
• Account to tenant within 45 days
pp31-32
67. When a Vacation Rental is SOLD
• ALL Reservations must be disclosed to
prospective buyers
• Copies of lease agreements must be
provided to Buyer within 10 days of closing
• Buyer must honor lease agreements
within 180 days of closing
p32
68. Exception
If the Buyer continues to
use the same
Broker-Property Manager,
the Seller doesn’t have to
provide lease agreements
(because the Broker can
provide them).
p32
69. Exception
If the Seller uses a standard lease agreement,
the Seller may provide only the unique info
from each lease.
p32
70. If the Buyer DOES NOT continue to use
the Seller’s Broker-Property Manager…
Within 20 days of closing, the Buyer must
notify each tenant in writing of:
• date of sale
• Buyer’s name & address
• whether tenant’s lease will be honored
• whether tenant has right to any refund
p32
71. Disbursing Monies
in Escrow Account
Tenancy
Occurs or Ends
Advance
Payments
Tenant Security
Deposits
1) Less than 180 days
after sale
Transfer to buyer within
30 days
& mail buyer’s info to
tenants
Transfer to buyer within
30 days
& mail buyer’s info to
tenants
3) More than 180 days
after sale
that Buyer won’t honor
Disburse to tenant
within 30 days of sale
Disburse to tenant
within 30 days of sale
2) More than 180 days
after sale
but Buyer agrees to
honor
Transfer to buyer within
30 days
& mail buyer’s info to
tenants
Transfer to buyer within
30 days
& mail buyer’s info to
tenants
p33
72. Brokers Managing Vacation Rentals
are subject to:
• Landlord-Tenant Law
• Vacation Rental Act
• Real Estate License Law
• Commission Rules
• Agency Agreement
with Owner
• Lease Terms
p34
73. Release of Advance Payments?
The statute permits a broker to
disburse some monies to owner prior
to the tenancy but does not require it.
p34
74. What Monies May Be Released or
Paid Out Prior to the Tenancy?
• “Administrative fees”
• Fees owed to third
parties on tenant's
behalf
• Maximum of 50% of
advance rent
p34
75. May a Broker disburse the
property management (brokerage)
fee with other advance payments?
YES, IF:
Broker is disbursing partial advance rents to
owner
AND
Fee is earned and authorized to be
disbursed in the prop mgmt agreement
p34
76. Scenario
Broker's policy:
• 50% of total rent due at lease signing
• remaining 50% due 30 days prior to tenancy
1. Tenant signs a lease.
2. Broker pays initial advance rent payment to
owner, minus commission.
3. Before the tenancy, Tenant cancels reservation
and is due a refund OR the owner ceases to
own the property.
p35
77. Scenario Discussion Questions
1. What does the law require?
2. Who is liable for the 50% rent already paid
to the owner?
3. Who is liable for brokerage fees paid to the
broker from advance rents prior to the
tenancy?
p35
78. May an owner terminate the
property management agreement
prior to the termination date?
but there may be consequences
p36
79. May the vacation property
management agreement contain a
termination penalty?
IF IT IS CLEAR AND CONSPICUOUS
p36
80. Early Termination Fees
May a seller compel a buyer to use the
seller’s property manager as a condition
of the sell/purchase agreement?
(NO)
p36
81. A broker/vacation property manager
drives by a property he manages and
discovers a “For Sale” sign in the yard with
the name of another company.
No one had contacted the broker-property
manager regarding the sale.
What should he do?
p37
83. Is it a material fact that a property
is being used for long-term or
vacation rentals?
p37
84. Listing Agents need to know…
• whether the property is being leased.
• property manager’s name & contact info.
• dates of occupancy for any signed leases.
• when the property management
agreement expires.
• whether an early termination fee may be
charged.
p37
85. Buyer Agents need to know…
• dates of future tenancies.
• whether advance funds have been
collected and/or released.
• whether advance rents have been paid to
owner; and, if so, if broker retained
brokerage fees.
• when the property management
agreement expires.
• whether funds are being held in escrow.
p37
86. Standard Forms
REALTORS® may use Vacation Rental
Addendum with standard Offer to Purchase
Non-REALTORS® may use standard forms
with NC BAR logo only (not REALTOR® logo)
REALTORS® and Owners may use Vacation
Rental Agreement
p38
87. Monies related to
NC vacation rentals must be deposited…
• in trust/escrow account
• in insured bank or savings & loan
in North Carolina
• within 3 banking days of receipt
p38
88. A Broker managing
vacation rental properties
must have a
written property management agreement
with the owner
BEFORE
providing any brokerage services.
p39
89. • know the VRA.
• deposit monies in a NC-based trust
account.
• transfer monies for rentals in 180 days to
Buyer within 30 days of closing.
• refund monies to tenants for rentals that
will not be honored.
• transfer monies if agency agreement is
terminated.
Brokers managing vacation rentals must…
p39
94. Rule A.0104: Early Termination Fee
• May be included in any agency
agreement (listing, buyer
agency, or property
management agreement)
• If included, must be clearly
and conspicuously disclosed
on the agreement
p46
95. Rule A.0104(o) Review
If a Broker has an
ownership interest
in a property, the
Broker MAY NOT
be a Buyer’s Agent
for that property.
p46
96. Rule A.0104(o) Exception
Commercial Transactions Only
If broker has less than 25% ownership
interest, Broker may represent a Buyer
IF
Buyer consents after full written
disclosure of broker’s ownership interest
p46
97. What is a Commercial Transaction?
Sale or Rental of real property that is
NOT a residential one-to-four unit dwelling
“Commercial Real Estate” defined by Rule A.1802. See page 44.
p46
98. Rule A.0105 Advertising
To advertise, ALL Brokers must…
have the consent of their BICs
and
include the names of their BICs
and/or their firms in all their ads
p46
100. Rule A.0116 Handling of Trust Money
Before July 1, 2015:
A Listing Firm/Broker was not allowed to hold
an EMD check made payable to an escrow
agent other than his/her own firm.
p47
101. As of July 1, 2015…
A Buyer’s Agent or Listing Firm/Broker may
hold an EMD check made payable to an
Escrow Agent other than the Broker or Firm.
p47
The check must be delivered to the Escrow Agent
within 3 days of contract formation.
102. What if a Buyer asks for the DDF
or EMD check back before it is
delivered?
p48
Answer: It depends…
Let’s consider 2 different scenarios.
103. Listing Firm DOES hold earnest money.
If Listing Firm still has possession
of the checks, Listing Firm must…
deposit EMD into trust account
and return DDF to Buyer.
Buyer Agent delivers
offer to Listing Firm
with DDF (payable to
seller) and
EMD (payable to Listing
Firm).
2 days after effective
date of contract, Buyer
asks for both checks
back.
Listing Firm holds both
checks throughout
contract negotiation.
Offer is negotiated and
becomes a contract.
pp48-49
104. MLS states “Listing Firm does not hold
earnest money. ‘Jane Smith, Attorney’ is
Escrow Agent.”
Buyer Agent delivers
offer to Listing Firm
with DDF (payable to
seller) and
EMD (payable to Jane
Smith, Atty).
Listing Firm holds both
checks throughout
contract negotiation.
Offer is negotiated
and becomes a
contract.
2 days after effective
date of contract, Buyer
asks for both checks
back.
If Listing Firm still has
possession of the checks,
Listing Firm must return BOTH
checks to Buyer.
pp48-49
105. As long as a Broker holds a
check/instrument payable to the seller
or another escrow agent,
the Broker must follow the Buyer’s
instructions
even after the parties have entered
into a legally binding contract.
pp48-49
106. Sunshine Enterprises, Inc., Manager.
Because this entity is a Manager,
the entity’s officers must be disclosed on/with
QRS Realty’s firm license application.
Manager
(an individual)
Sunshine Properties LLC,
unlicensed entity,
Member-Manager.
Because Sunshine Properties LLC is a Manager,
its Managers must be disclosed on/with
QRS Realty’s firm license application.
Sally Smith,
licensed Broker,
Member-Manager.
Identified as QB.
John Davis,
unlicensed individual,
Member-Manager.
Rule A.0502
QRS Realty LLC:
Submits application for Firm Broker License
pp50-51
107. Rule A.1711:
CE Required of Nonresident Brokers
Nonresident Broker must notify the
Commission within 10 days of…
• Change in status
of out-of-state
license
OR
• obtaining ANY
NC address
p52
108. Rule A.1711, cont’d
Broker's NC license will be made INACTIVE in
30 days unless…
Broker proves s/he
completed CE during
previous license period
(in another state or
NC).
Also: Once a broker has ANY NC address, the
Broker must begin taking NC CE.
p52
110. Which Transactions?
• sales subject to Residential Property
Disclosure Act
• first sale of a dwelling never inhabited
• lease with option to purchase where
lessee occupies the dwelling
• sale of residential property where parties
agree not to complete a Residential
Property and Owner Association
Disclosure Statement
p53
111. Is the MOG Disclosure required in
vacant land sales?
NO
p53
112. WHO must provide MOG and WHEN?
Seller must provide
MOG to Buyer no
later than time of
offer
Must be signed by
Seller
Buyer should also
sign to acknowledge
receipt
p53
113. What if MOG is NOT Provided?
Buyer may cancel the contract
within 3 calendar days of contract formation
OR
3 calendar days following receipt of disclosure
whichever occurs first.
If Buyer cancels due to MOG, all deposits
should be refunded.
p53
114. Broker’s Duty for MOG
Inform owner of legal obligation to provide
the MOG Disclosure Statement
and the possible consequences of not
providing it.
p53
117. Offer to Purchase & Contract (Form 2-T)
• Blank initial lines will not
invalidate contract
• Fixtures Provision
Rewritten
• Buyer & Seller
authorizations regarding
closing disclosures
• Seller must provide loan
payoff info
• Seller responsible for
paying certain HOA
charges
• Use of Electronic Means
• Date/Time defined as
date/time of day in NC
• Statement to confirm
that contract is binding
when signed and
communicated
• Deletion of “Seal” next
to Signatures
• Acknowledgement for
receipt of DDF
pp56-57
118. Revised Addenda
• 2A11-T: Additional Provisions
Addendum
• 2A12-T: Owners’ Association
Disclosure and Condominium Resale
Statement Addendum
• 4-T: Agreement to Amend Contract
pp57-58
120. You have a listing that hasn’t attracted
many showings.
You receive a call from a prospective
buyer who claims to be sitting in his car
in front of the listing. He says he is a
cash buyer and wants to close in two
weeks.
He would like to see the property
immediately.
What would you do?
Scenario 1
p59
121. You’ve scheduled an open house for
Sunday afternoon. The home is
located in a popular neighborhood
and is occupied.
What steps will you take to prepare
for the open house?
What IS a “safe open house?”
Scenario 2
p59
122. Learning Objectives
At the end of this section, you
should be able to
describe various safety skills and
strategies for real estate brokers.
p59
139. My parents want to buy a beach
house near Wilmington. They’ve
asked me to be their buyer’s agent.
I’ve had a license for more than 10
years, but I haven’t taken any CE for
the last 4 years.
Can I represent them?
Scenario 1
p63
140. I’ve decided to stop practicing
brokerage on a day-to-day basis, but
I want to be able to get referral fees.
Will I still need to pay the $45
renewal fee each year?
Will I need to take CE?
Scenario 2
p63
141. Objectives
At the end of this section, you
should be able to explain:
• license categories
• license renewal requirements
• CE requirements
• BIC requirements
p63
144. Current vs. Expired License
CURRENT: $45 renewal fee was
RECEIVED by the Commission
ON OR BEFORE JUNE 30
p65
145. Current vs. Expired License
EXPIRED:
Renewal fee was not
received on time
EXPIRED = NO LICENSE
p65
146. Reinstatement
Can reinstate within 6 months by paying $55.
Deadline: December 31 of expiration year.
If expired more than 6 months…
Submit application with fee & criminal
background check
AND
Complete additional education and/or exam.
p65
148. Active vs Inactive
ACTIVE = Up-to-date on CE and/or
Postlicensing Education
INACTIVE = Education Deficiency (or a PB with
no BIC affiliation)
p66
149. UPDATE
Non-BIC Brokers & Provisional Brokers take GenUp
BICs or BIC-Eligible Brokers take BICUP
AND
ELECTIVE
EVERY LICENSE YEAR
CE Requirement
p66
150. All CE must be
completed by June 10.
What happens if you
miss the June 10
deadline?
Inactive on July 1.
Continuing Education
p66
151. You didn’t take CE for the past 4
years. Now you want to activate your
license. What must you do?
1. Complete current year’s CE
2. Take elective courses to make up missed
hours from last year (4 or 8 hours)
AND
3. Submit license activation form (REC 2.08)
p66
152. On your own or with a partner…
Answer the 3 questions on page 67.
p67
153. REALTOR® Code of Ethics Training
Quadrennial training deadline:
December 31, 2016
Applies to REALTOR®-members only
(not a Commission requirement)
Call your local board or association
or visit www.realtor.org for information
154. The only license category that requires
brokerage experience.
Broker-in-Charge
p68
155. • Active Status and NOT Provisional
• 2 years full-time brokerage experience
within past 5 years.
• Complete 12-hour BIC course within 120
days of declaration (unless taken within the
preceding 3 years).
Broker-in-Charge
Qualification Requirements
p68
156. Your license record will show
“BIC Eligible” status AFTER:
1. You’ve satisfied all BIC qualification
requirements.
2. You’ve submitted and NCREC has
processed your BIC Declaration Form.
3. You’ve taken the 12-hour course on
time.
p68
157. To Maintain BIC Status-Eligibility…
Renew your license on time
($45 by June 30)
AND
Take appropriate CE on time
(BICUP and one Elective by June 10).
p69
158. 1. Return to Active / Current Status
2. Submit Activation Form (REC 2.08)
3. Attend 12-hour BIC Course
4. Submit BIC Declaration Form (REC 2.04)
Next: Submit affiliation forms for all Brokers & PBs.
To Regain BIC Status/Eligibility
p69