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Welcome to the
2015-2016
General Update
Course
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.
REQUIRES 90% Attendance
Course Completion Reporting
We are responsible for reporting
course completion information to the
NCREC via Internet within 7 days .
Today’s Topics
• Farewell HUD-1? Hello TRID!
• Sales of Vacation Rentals
• Changes to Commission Rules,
Contracts and Addenda
• Broker Safety
• Licensing and Education
p1
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
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
Your obligations are not changing.
There are many similarities between the
old and new forms.
p2
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
Abbreviations
• CFPB: Consumer Financial Protection Bureau
• TRID: TILA-RESPA Integrated Disclosures
• TILA: Truth-In-Lending Act
• RESPA: Real Estate Settlement Procedures Act
• TIL: Truth-in-Lending (Statement)
• GFE: Good Faith Estimate
• HUD-1: Settlement Statement
• LE: Loan Estimate
• CD: Closing Disclosure
• BCD: Borrower’s Closing Disclosure
• SCD: Seller’s Closing Disclosure
p2
What WAS the Problem?
BEFORE October 2015: Duplicate forms
required by TILA and RESPA
Dodd-Frank was tasked with
consolidating the forms
p2
Hence…
HELLO, TRID:
TILA/RESPA
Integrated Disclosures
p3
New Disclosure Forms
GFE
Early
TIL
Loan
Estimate
(LE)
HUD-1
Final
TIL
Closing
Disclosure
(CD)
p3
p4
p4
So, what does this mean for you
as a Broker???
p5
Your obligations are not changing.
New rules apply to
LOAN APPLICATIONS
RECEIVED
on or after
October 3, 2015.
p5
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
May lenders use the new Loan
Estimate and Closing Disclosure
forms in excluded transactions
(when the forms are not required)?
p7
The HUD-1 is…
Stayin’ Alive.
It will still be used in some transactions.
p7
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
p9
Are Brokers responsible for the
accuracy of the Loan Estimate?
NO
p9
Should Brokers have a general
understanding of when their
clients are supposed to be given
the Loan Estimate?
p9
The Loan Estimate
Must be given within 3 days
of Loan Application
p9
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
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
Tolerance Limits still apply
and are now called
“Permissible Variations”
Brief explanations of permissible variations are
provided on page 10.
p10
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
p11
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
2 Separate Closing Disclosures:
Borrower (Buyer) and Seller
Information has not changed.
It’s just been reorganized.
p11
Why are there two separate
Closing Disclosure forms?
Borrower’s
confidential loan
information
is not shared with
Seller.
p12
“What HIPAA did to medical
offices, TRID has done to
closing attorney offices.”
p13
Page 1 of HUD-1 is now Page 3 of Buyer’s CD
HUD-1 page 1 BCD page 3
BCD page 3 – ALMOST IDENTICAL TO HUD-1
Page 2 of HUD-1 is now Page 2 of Buyer’s CD
HUD-1 page 2 BCD page 2
BCD page 2 (top half of page)
Loan Fees
Attorney &
Title Fees
POC items
BCD page 2 (bottom half of page)
Loan Escrows
Recording Fees
& Excise Tax
Brokerage fees
Inspections &
Other Fees
The Seller’s Closing Disclosure (SCD)
SCD page 1
(seller’s total debits & credits)
SCD page 2
(seller’s costs/expenses)
SCD page 1 (bottom portion of page)
Total
Seller
Credits
Total
Seller
Debits
Broker
Info
Settlement
Agent Info
SCD page 2 (bottom portion of page)
Seller Costs/Debits & Seller-Paid Items
The Biggest Impact for Brokers:
The Borrower’s Closing Disclosure
must be
RECEIVED BY THE BORROWER
at least 3 BUSINESS DAYS
before Settlement
p18
What is a “Business” Day?
A Business Day is
Monday-Saturday
Sundays and
10 federal public
holidays are
excluded
p18
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
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
Brokers:
The disclosure timeline is
It’s important to educate
your clients and customers.
p19
Rules apply to delivery of
BCD ONLY
No requirements for
delivery of SCD to Seller
p19
BCD must be delivered to
BORROWER
Delivery to Broker / Buyer Agent
is NOT Sufficient
p19
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
Settlement Statement:
Broker Obligations
Broker must
Disclose
AND
Confirm Accuracy of
all entries that s/he has direct
knowledge
p21
Settlement Statement:
Broker Obligations
Broker must
Review
AND
Confirm Accuracy of
all calculations
p21
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
Review and Discuss
the Fact Situation
and related Closing Disclosures
on pages 23-27.
Small Group Exercise:
Section 2:
Sales of Vacation Rentals
p29
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
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
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
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
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
“Vacation Rental”
• Rental of residential property
• Vacation, leisure or recreation purpose
• Less than ninety (90) days
• Renter has permanent residence elsewhere
p30
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
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
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
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
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
Exception
If the Seller uses a standard lease agreement,
the Seller may provide only the unique info
from each lease.
p32
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
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
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
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
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
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
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
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
May an owner terminate the
property management agreement
prior to the termination date?
but there may be consequences
p36
May the vacation property
management agreement contain a
termination penalty?
IF IT IS CLEAR AND CONSPICUOUS
p36
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
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
Answer: Communicate with
the Owner & the Listing Firm
p37
Is it a material fact that a property
is being used for long-term or
vacation rentals?
p37
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
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
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
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
A Broker managing
vacation rental properties
must have a
written property management agreement
with the owner
BEFORE
providing any brokerage services.
p39
• 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
For Discussion…
2014 Disciplinary Case
p40
Section 3:
Changes to
Commission Rules,
Contracts and Addenda
p45
Objectives
At the end of this section, you should be
able to explain:
• changes to Commission Rules and
Contracts & related Addenda
p45
Commission Rule Changes
as of July 1, 2015
p45
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
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
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
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
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
Remember:
You are required to keep copies of
every ad! (per Rule A.0108)
p47
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
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.
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.
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
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
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
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
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
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
MOG Disclosurep52
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
Is the MOG Disclosure required in
vacant land sales?
NO
p53
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
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
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
p53
Revisions to
Sales Contracts & Addenda
p56
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
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
Section 4: Safety
p59
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
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
Learning Objectives
At the end of this section, you
should be able to
describe various safety skills and
strategies for real estate brokers.
p59
p59
Every Broker, Office, & Firm
should have a Safety Policy
p60
Safety Video
Safety Tip #1:
Identify the consumer.
Be suspicious!
p60
Safety Tip #2:
Always leave your Itinerary
p60
Safety Tip #3:
Have a fully charged cell phone
and have it readily available
p61
Safety Tip #4:
Have a Prearranged Distress Code
p61
Safety Tip #5:
Implement a Buddy System
p61
Safety Tip #6:
Practice Vehicle Safety
p61
Safety Tip #7:
Walk Behind
p61
Safety Tip #8:
Dress for Safety and Success
p61
Safety Tip #9:
Conduct safe personal marketing and
be careful how you use social media
p62
Safety Tip #10:
Conduct safe open houses
p62
Safety Tip #11:
p62
p62
Section 5:
Licensing and Education Review
p63
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
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
Objectives
At the end of this section, you
should be able to explain:
• license categories
• license renewal requirements
• CE requirements
• BIC requirements
p63
License Categories
• Broker License
–Provisional Broker
–Broker
–Broker-In-Charge
• Firm License
• Limited Nonresident
Commercial License
p64
Expired or Inactive =
NO BROKERAGE ALLOWED!
(including referral fees)
p64
Current vs. Expired License
CURRENT: $45 renewal fee was
RECEIVED by the Commission
ON OR BEFORE JUNE 30
p65
Current vs. Expired License
EXPIRED:
Renewal fee was not
received on time
EXPIRED = NO LICENSE
p65
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
Reinstatement:
Additional Education Requirements
• PB expired 6 mos-5 yrs
• Broker expired 6 mos-2 yrs
• Broker expired 2 yrs-5 yrs
• PB OR Broker expired more than 5 years
p65
Active vs Inactive
ACTIVE = Up-to-date on CE and/or
Postlicensing Education
INACTIVE = Education Deficiency (or a PB with
no BIC affiliation)
p66
UPDATE
Non-BIC Brokers & Provisional Brokers take GenUp
BICs or BIC-Eligible Brokers take BICUP
AND
ELECTIVE
EVERY LICENSE YEAR
CE Requirement
p66
All CE must be
completed by June 10.
What happens if you
miss the June 10
deadline?
Inactive on July 1.
Continuing Education
p66
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
On your own or with a partner…
Answer the 3 questions on page 67.
p67
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
The only license category that requires
brokerage experience.
Broker-in-Charge
p68
• 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
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
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
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
Thanks for your participation!
coming your
way

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2015-16 General Update

  • 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.
  • 4. Course Completion Reporting We are responsible for reporting course completion information to the NCREC via Internet within 7 days .
  • 5. Today’s Topics • Farewell HUD-1? Hello TRID! • Sales of Vacation Rentals • Changes to Commission Rules, Contracts and Addenda • Broker Safety • Licensing and Education
  • 6. p1
  • 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
  • 11. Abbreviations • CFPB: Consumer Financial Protection Bureau • TRID: TILA-RESPA Integrated Disclosures • TILA: Truth-In-Lending Act • RESPA: Real Estate Settlement Procedures Act • TIL: Truth-in-Lending (Statement) • GFE: Good Faith Estimate • HUD-1: Settlement Statement • LE: Loan Estimate • CD: Closing Disclosure • BCD: Borrower’s Closing Disclosure • SCD: Seller’s Closing Disclosure p2
  • 12. What WAS the Problem? BEFORE October 2015: Duplicate forms required by TILA and RESPA Dodd-Frank was tasked with consolidating the forms p2
  • 15. p4
  • 16. p4
  • 17. So, what does this mean for you as a Broker??? p5
  • 18. Your obligations are not changing.
  • 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
  • 22. The HUD-1 is… Stayin’ Alive. It will still be used in some transactions. 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
  • 24. p9
  • 25. Are Brokers responsible for the accuracy of the Loan Estimate? NO p9
  • 26. Should Brokers have a general understanding of when their clients are supposed to be given the Loan Estimate? p9
  • 27. The Loan Estimate Must be given within 3 days of Loan Application p9
  • 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
  • 32. 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
  • 38. BCD page 3 – ALMOST IDENTICAL TO HUD-1
  • 39. Page 2 of HUD-1 is now Page 2 of Buyer’s CD HUD-1 page 2 BCD page 2
  • 40. BCD page 2 (top half of page) Loan Fees Attorney & Title Fees POC items
  • 41. BCD page 2 (bottom half of page) Loan Escrows Recording Fees & Excise Tax Brokerage fees Inspections & Other Fees
  • 42. The Seller’s Closing Disclosure (SCD) SCD page 1 (seller’s total debits & credits) SCD page 2 (seller’s costs/expenses)
  • 43. SCD page 1 (bottom portion of page) Total Seller Credits Total Seller Debits Broker Info Settlement Agent Info
  • 44. SCD page 2 (bottom portion of page) Seller Costs/Debits & Seller-Paid Items
  • 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
  • 49. Brokers: The disclosure timeline is It’s important to educate your clients and customers. 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
  • 53. Settlement Statement: Broker Obligations Broker must Disclose AND Confirm Accuracy of all entries that s/he has direct knowledge p21
  • 54. Settlement Statement: Broker Obligations Broker must Review AND Confirm Accuracy of all calculations p21
  • 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:
  • 57. Section 2: Sales of Vacation Rentals p29
  • 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
  • 82. Answer: Communicate with the Owner & the Listing Firm 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
  • 91. Section 3: Changes to Commission Rules, Contracts and Addenda p45
  • 92. Objectives At the end of this section, you should be able to explain: • changes to Commission Rules and Contracts & related Addenda p45
  • 93. Commission Rule Changes as of July 1, 2015 p45
  • 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
  • 99. Remember: You are required to keep copies of every ad! (per Rule A.0108) p47
  • 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
  • 115. 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
  • 123. p59
  • 124. Every Broker, Office, & Firm should have a Safety Policy p60
  • 126. Safety Tip #1: Identify the consumer. Be suspicious! p60
  • 127. Safety Tip #2: Always leave your Itinerary p60
  • 128. Safety Tip #3: Have a fully charged cell phone and have it readily available p61
  • 129. Safety Tip #4: Have a Prearranged Distress Code p61
  • 130. Safety Tip #5: Implement a Buddy System p61
  • 131. Safety Tip #6: Practice Vehicle Safety p61
  • 132. Safety Tip #7: Walk Behind p61
  • 133. Safety Tip #8: Dress for Safety and Success p61
  • 134. Safety Tip #9: Conduct safe personal marketing and be careful how you use social media p62
  • 135. Safety Tip #10: Conduct safe open houses p62
  • 137. p62
  • 138. Section 5: Licensing and Education Review p63
  • 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
  • 142. License Categories • Broker License –Provisional Broker –Broker –Broker-In-Charge • Firm License • Limited Nonresident Commercial License p64
  • 143. Expired or Inactive = NO BROKERAGE ALLOWED! (including referral fees) p64
  • 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
  • 147. Reinstatement: Additional Education Requirements • PB expired 6 mos-5 yrs • Broker expired 6 mos-2 yrs • Broker expired 2 yrs-5 yrs • PB OR Broker expired more than 5 years 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
  • 159. Thanks for your participation! coming your way