Watch for Potential Permitting Pitfalls

The North Carolina Residential Property Disclosure Form gives sellers of real property the option of disclosing the existence of room additions, structural changes, and violations of building codes and zoning ordinances, if any, or to make “no representations.” Even where a seller makes no representations, however, a real estate licensee with knowledge of any of…

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…

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…