Beware of Zoning Misrepresentations

N.C.G.S. § 93A-6 prohibits a North Carolina real estate licensee from making any misrepresentation or omission of material fact relating to real property.  The misrepresentation need not be intentional to subject a licensee to discipline. Even the negligent communication of false information is prohibited. Material facts include not only facts about the property itself, but…

Just What is “Just Cause?”

On March 21, 2017, the North Carolina Court of Appeals issued an unpublished opinion affirming a decision of the Office of Administrative Hearings that the Department of Social Services (“DSS”) lacked “just cause” under the North Carolina Human Resources Act for dismissal of an employee for unacceptable conduct. A DSS employee was terminated for making…

The Dangers of Dual Agency

With breach of fiduciary duty claims continuing to top the list for legal risks facing real estate brokers and agents, dual agency and the risks and responsibilities associated with the same remain a critical issue for real estate agents. This is because fiduciary claims frequently arise in the context of dual agency—whether because of undisclosed…