Special offer

Surprise...Changes to NC's Offer to Purchase & Contract,effective 10/1

By
Real Estate Broker/Owner with MoonDancer Realty, Dillsboro,NC NC# 218097
 
 
Even though, technically, NC licensed real estate agents can wait until June of any given year to take their mandatory CE(Continuing Ed), here at MoonDancer Realty - Leslie and I like to take it as soon as it's offered.  We want to be on top of any changes the NC General Assembly decides to assign as responsibilities to the real estate industry.  It never fails...there's always something.
 
There will be a number of changes to our NC Offer to Purchase and Contract (form 2-T) and they become effective October 1.  Say what?  Nothing like aNC State Seal sizeable chunk of advance notice, right?  The fracking legislation is a post onto itself and I won't go into it now because I'll get angry but let's just say if you'd like an example of underhanded politics just google "NC fracking legislation vote", but first, if you can find one...go to a smoky bar with a closed private room so you can get the full effect.  Oops...moving on since I'm starting to snarl. 
 
When we were at CE the other day, the instructor was Bill Trull of Cumbie and Trull.  We appreciate his background as an attorney, REALTOR, developer, accountant and educator.  He told us that he had just been to his CE for his attorney's license and not a word was mentioned about this upcoming change.  Scary, huh?  We've forwarded out NCAR e-newsletter to the closing attorneys we work with so they too can be prepared.  No one likes surprises in real estate. 

Via an email notice today from the North Carolina Association of Realtors (NCAR). 

"The so-called “fracking” legislation (Senate Bill 820) enacted by the General Assembly this past summer over the Governor’s veto included a section addressing concerns pertaining to the well-publicized  situation involving Triangle-area buyers of DR Horton homes who claimed they didn’t understand that Horton had retained mineral rights in the properties they bought.  Section 5 of Senate Bill 820 amended the Residential Property Disclosure Act to require sales contracts of residential properties covered under the Act to include an “Oil and Gas Rights Disclosure.” The wording and format of the new disclosure is set forth in Senate Bill 820, a copy of which can be accessed on the General Assembly’s web site via the following link: http://www.ncga.state.nc.us/Sessions/2011/Bills/Senate/PDF/S820v6.pdf .  The text of the disclosure begins at the bottom of page 24 of the Bill. 

Section 5 of Senate Bill 820 goes into effect October 1, 2012.  Therefore, effective this coming October 1st, the Offer to Purchase and Contract (form 2-T) and Offer to Purchase and Contract—New Construction (form 800-T) have been amended to include the new Oil and Gas Rights Disclosure."

The moral of today's story (anyone remember the kid's show Aesop's Fables?) is in our humble opinions, waiting until the last minute to get your Continuing Ed is detrimental to your profession, your clients and everyone else involved in the real estate transaction.

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Peter den Boer
Atlanta Communities - Woodstock, GA
MBA,GRI, Associate Broker, Realtor

Really? Oil and Gas rights? Is there a lot of oil exploration going on in the Triad? Very interesting. You are so right about not waiting for CE courses. When they are offered, I am there. Have a great day!

Sep 19, 2012 10:23 PM
Clint Mckie
Desert Sun Home, commercial Inspections - Carlsbad, NM
Desert Sun Home, Comm. Inspection 1-575-706-5586

Hi Mona,

CE is the best way to stay on top of changes in any business. I'm glad to see you and Leslie stay on top of things like changes to laws pertaining to Real Estate.

I hope everyone stays on top of all the law changes in all the states.

It could come back to bite you at closings. Remember the change in the laws? You then think "DAMN".

Have a great day in Sylva.

Best, Clint McKie

 

 

Sep 19, 2012 10:25 PM
Mona Gersky
MoonDancer Realty, Dillsboro,NC - Sylva, NC
GRI,IMSD-Taking the mystery out of real estate.

Peter, apparently it was quite the scandal in the Raleigh area.  We are on the other side of the state of course and had no idea there had been an issue.

Clint, nope...don't want to get bit at the closing table.

Sep 19, 2012 11:54 PM
Gay E. Rosen
Julia B. Fee Sotheby's International Realty - Larchmont, NY
As Real as Real Estate Gets!

Hi Mona - so interesting how it is different in different areas and states.. I am sure the laws are forever changing here but the attorneys are privy to that aspect and not the Realtors. I wonder what was discovered or thought to be imminently discovered that they felt the need of a change in your area.

Sep 20, 2012 12:00 AM
Roger D. Mucci
Shaken...with a Twist 216.633.2092 - Euclid, OH
Lets shake things up at your home today!

Fricking fracking!  That's all I've got to say about it.

Sep 20, 2012 12:11 AM
Jason Sardi
Auto & Home & Life Insurance throughout North Carolina - Charlotte, NC
Your Agent for Life

Way to be pro-active, Mona!  Gotta love, er ... loathe, some legislation.

Sep 20, 2012 04:47 AM
Mona Gersky
MoonDancer Realty, Dillsboro,NC - Sylva, NC
GRI,IMSD-Taking the mystery out of real estate.

Gay, it had something to do with the builder who originally built homes in MT, CO and AZ.  He routinely reserved those rights for himself.  Later when he sold the rights and someone started exploring for natural gas or oil, complete havoc could be wreaked on the homeowner.

Roger, that's not all I've got to say but my mother reads this and wouldn't approve of the language.

Sep 20, 2012 04:48 AM
Mona Gersky
MoonDancer Realty, Dillsboro,NC - Sylva, NC
GRI,IMSD-Taking the mystery out of real estate.

Jason, did you see how the vote went sideways?  The main opponent to the bill got so busy lobbying others that when she went to cast her vote, she hit the wrong button in error.  Tradition has it that as long as you tell the speaker immediately what happened, the speaker will recognize the representative and the vote can be corrected.  NOT in this case...the speaker refused to recognize her.  Dirty pool.

Sep 20, 2012 04:50 AM
Broker Patty Da Silva Da Silva
Green Realty Properties® - 954-667-7253 - Cooper City, FL
Top Listing Broker

We try to be proactive too, but the state is just being inconsiderate. What are they trying to pull?

Sep 20, 2012 05:05 AM
Roy Kelley
Retired - Gaithersburg, MD

Very interesting changes.  Real estate professionals may need some additional training on the importance of this disclosure.

Enjoy the last day of summer and be prepared to have your camera in hand to capture the colors of autumn. 

Sep 21, 2012 12:19 AM
Nellie Lytvinenko
Homes by Nellie-Working with Buyers & Sellers - Raleigh, NC
919-210-9992, Raleigh - Cary NC Real Estate

Holy cow (and other words!!) 

It's absoutely !!!???!!!   #1 I wish some of the home buyers had some great Realtor representation....agents who read through and were knowledgeable about details before their client home buyers signed anything!

And then on to the fact that the builders were just a bit "sketchy"....    

I've got too much opinion, like you and many others, to say exactly what I'm thinking at this point!  because it wouldn't be appropriate for many ears.!!!

Sep 21, 2012 02:51 PM
Mona Gersky
MoonDancer Realty, Dillsboro,NC - Sylva, NC
GRI,IMSD-Taking the mystery out of real estate.

Patty, all I can think is that the party in power have interests that are more important to them than doing the right and honorable thing.

Roy, some agents won't even realize this is a change until they write their first offer after October 1.

Nellie, Holy Cow is putting it mildly.  It is stunning that these builders would have retained all these mineral and gas rights and no attorney caught it at closing, nor the buyer's agents in reviewing the contracts. Bad, bad, bad.  I think this building contractor was running rampant in your triangle area.  At some point someone sued and I believe the builder ended up signing those rights back over to the homeowners but jeez.

Sep 21, 2012 10:27 PM
Mitch Muller - Charlotte NC Real Estate
ProStead Realty Charlotte, NC CRS SRES mitch@prostead.com - Charlotte, NC
Certified Residential Specialist

This one definitely caught a lot of people asleep at the wheel!

Oct 15, 2012 03:31 AM
Mona Gersky
MoonDancer Realty, Dillsboro,NC - Sylva, NC
GRI,IMSD-Taking the mystery out of real estate.

Hi Mitch, I always like taking those CE courses early...never want to find out about the change as I'm reviewing paperwork with a client!

Oct 15, 2012 08:40 AM