Post Licensing 303 - NC Law,
Rules, and Legal Concepts
with complete verified
solutions 2025-2026
You will be presented with a series of scenarios. Indicate whether
the activities performed are allowed (Deal) or not (No Deal). We will
then walk through the scenarios together.
An LLC homebuilder building in several subdivisions has W-2
employees in model homes in each subdivision who show available
properties, discuss design options, answer consumers' questions,
negotiate sales contracts, accept deposits, and otherwise service
the transaction from beginning to end. - answer Deal
Ok b/c w2 employees dealing with entity owned properties
The believed owners of 40 acres of land that has passed by
intestate succession from the two prior owners hire an attorney to
confirm title, which he does.
The attorney discovers that the tract is landlocked due to an out-
conveyance by a prior owner.
The attorney negotiates easement rights with an adjoining property
owner, records the easement, and is paid for his time based on his
hourly rate. - answer Deal
Ok b/c he is an active attorney / court appointed admin doing his job
description
,The owners now ask the attorney, having resolved the title and
access issues, whether he know someone who would be interested
in purchasing the property?
The attorney, on the owners' behalf, contacts two different
developers, both of whom compete for the property.
The owners accept an offer, the transaction closes, and pay the
attorney 2% of the purchase price for his services. - answer No
Deal
needs to have a licensed real estate broker involved in this
transaction / outside of attorney's scope
Sellers are under contract to sell but must begin their new jobs in
another state two weeks prior to settlement and won't be able to
attend.
The sellers sign a power of attorney giving the wife's unlicensed
brother authority to sign the deed, the settlement statement, and
any other documents required at closing. - answer Deal
power of attorney!
A fully competent owner of several rental properties doesn't like to
be burdened with "details" and persuades her tax preparer to
handle the leasing and rent collections for her rental properties,
since he reports all income and expenses when he prepares her
taxes each year.
The tax preparer is authorized to withhold 8% of all rents collected
as his fee. - answer No Deal
tax preparer needs license to collect and hold money on behalf of
another in NC
Son lives rent-free in one-half of a duplex owned by his parents. He
mows the yard, maintains the property, answers repair requests,
,collects the monthly rent and conveys to his parents, and provides
access to prospective tenants during transitions. - answer No Deal
son is acting like a landlord; needs license
A listing agent receives a full-price offer from an unlicensed and
unrepresented buyer. A condition of the offer is that the listing
agent share $5,000 of their commission with the buyer, which is
significantly less than what the listing company would pay a buyer
agent.
May the listing company (with the seller's consent and lender
disclosure) pay the buyer $5000? - answer Deal
listing agent is fulfilling his obligations. you can share commission
with unlicensed person (may be applied to closing costs or purchase
price)
A broker manages two 200-unit apartment complexes owned by
different entities, as well as 40 single-family homes for multiple
owners. The broker hires unlicensed salaried persons to staff the
office at each apartment complex. They show the units, accept rent
applications and money, fill in blanks on preprinted lease forms, and
create binding contracts. - answer Deal
w2 administrative role, did not sign anything and did not negotiate
on anyone's behalf
The broker/property manager also hires unlicensed salaried persons
to help her manage the 40 single-family homes. They show the
properties to prospective tenants, answer questions, do
move-in/move-out and routine inspections, and can negotiate a
lower rental price than advertised if they know the broker has
accepted less in the past. - answer No Deal
, unlicensed person is negotiating on behalf of another in this case.
not allowed
A broker has management agreements with several corporate or
LLC owners to manage multi-tenant retail space each entity owns.
The broker hires unlicensed, but well-trained, individuals as W-2
employees to staff the office at each retail center. They show
available space, quote rental prices and terms, answer questions,
complete and sign preprinted lease forms, and oversee maintenance
and repair services. - answer Deal
all within scope of w2 employees, no negotiating. this is ok
Property is owned by four unlicensed individuals as tenants-in-
common who agree that one of them will handle all marketing,
showing, and negotiating of offers and will be entitled to receive 5%
of the sales price for her efforts.
The cotenants also agree that no offer will be binding until it is
signed by all four cotenants. - answer Deal
person in charge is an owner, offer needs to be signed by all 4
parties so they are not truly negotiating on someones behalf. ok
A municipal housing authority is the tenant under several long-term
leases for multi-family dwellings and also owns several properties.
It leases or subleases and manages these properties through
regular salaried employees of the housing authority as permitted
under NCGS Chapter 157. - answer Deal
under Ch 157, w2 employees can do these things and are exempt
from needing a license. nothing stated that they can't do
Adult child is appointed as the guardian for a parent who is
suffering dementia and no longer can manage their financial affairs.
