State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_93A > GS_93A-9

§ 93A‑9.  Licensingnonresidents.

(a)        An applicant fromanother state, which offers licensing privileges to residents of NorthCarolina, may be licensed by conforming to all the provisions of this Chapterand, in the discretion of the Commission, such other terms and conditions asare required of North Carolina residents applying for license in such otherstate; provided that the Commission may exempt from the examination prescribedin G.S. 93A‑4 a broker or salesperson duly licensed in another state if asimilar exemption is extended to licensed brokers from North Carolina. Alicense applicant who has been a resident of North Carolina for not more than90 days may be considered by the Commission as a nonresident for the purposesof this subsection.

(b)        The Commission mayissue a limited broker's license to a person or an entity from another state orterritory of the United States without regard to whether that state orterritory offers similar licensing privileges to residents in North Carolina ifthe person or entity satisfies all of the following:

(1)        Is of good moralcharacter and licensed as a real estate broker or salesperson in good standingin another state or territory of the United States.

(2)        Only engages inbusiness as a real estate broker in North Carolina in transactions involvingcommercial real estate and while the person or entity is affiliated with aresident North Carolina real estate broker.

(3)        Complies with thelaws of this State regulating real estate brokers and rules adopted by the Commission.

The Commission may require anapplicant for licensure under this subsection to pay a fee not to exceed threehundred dollars ($300.00). All licenses issued under this subsection shallexpire on June 30 of each year following issuance or on a date that theCommission deems appropriate unless the license is renewed pursuant to therequirements of G.S. 93A‑4. A person or entity licensed under thissubsection may be disciplined by the Commission for violations of this Chapteras provided in G.S. 93A‑6 and G.S. 93A‑54.

Any person or entity licensedunder this subsection shall be affiliated with a resident North Carolina realestate broker, and the resident North Carolina real estate broker shallactively and personally supervise the licensee in a manner that reasonablyassures that the licensee complies with the requirements of this Chapter andrules adopted by the Commission. A person or entity licensed under thissubsection shall not, however, be affiliated with a resident North Carolinareal estate provisional broker. The Commission may exempt applicants forlicensure under this subsection from examination and the other licensingrequirements under G.S. 93A‑4. The Commission may adopt rules as it deemsnecessary to give effect to this subsection, including rules establishing: (i)qualifications for licensure; (ii) licensure and renewal procedures; (iii)requirements for continuing education; (iv) conduct of persons and entitieslicensed under this subsection and their affiliated resident real estate brokers;(v) a definition of commercial real estate; and (vi) any requirements orlimitations on affiliation between resident real estate brokers and persons orentities seeking licensure under this subsection. (1957, c. 744, s. 9; 1967, c.281, s. 5; 1969, c. 191, s. 6; 1971, c. 86, s. 3; 1983, c. 81, s. 2.; 2000‑140,s. 19(b); 2003‑361, s. 3; 2005‑395, s. 11.)