NCREC Proposes Amendment to Include Commissions in Offer and Sales Contracts

The North Carolina Real Estate Commission (NCREC) has proposed an important amendment to Rule 21 NCAC 58A .0112, which governs offers and sales contracts.

This proposed change will allow real estate brokers to include commission or compensation provisions directly in preprinted offer or sales contract forms.

Background and Motivation

Historically, North Carolina brokers have been explicitly prohibited from including commission amounts or terms within preprinted contracts. This amendment removes that restriction, bringing North Carolina in line with practices already standard in other states. The proposed shift is likely a response to recent nationwide litigation involving the National Association of Realtors (NAR) regarding commission transparency, leading to the removal of brokerage commission disclosures from Multiple Listing Services (MLS).

Benefits of the Proposed Change

• Increased transparency in real estate transactions.

• Clearer communication of financial obligations for both buyers and sellers.

• Alignment of North Carolina practices with national standards.

Public Participation Opportunity

The public comment period for this rule change has passed.

Next Steps

The amendment is under legislative review and has not yet taken effect. This marks a significant step forward in real estate contract transparency and brokerage practices in North Carolina.

Do you think that it will be beneficial to include commission amounts in offers to purchase and contract? Let us know in the comments or share with a colleague in an upcoming CE Class!