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NCREC Hits “Pause” on Rule A .0112—Here’s What That Means for Your Contracts
- Skyline
- Aug 6
- 2 min read
Back in July we broke down the Commission’s plan to rewrite Rule A .0112 so brokers could finally fold compensation language into the Offer to Purchase and Contract.
At that time, the existing rule still prohibited pre-printed provisions about commissions in sales contracts—so your forms had to keep that topic off-limits.
Fast-forward to the August e-Bulletin and Regulatory Affairs just changed the game: while the rulemaking is under way, the Commission will not enforce the parts of Rule A .0112 that are slated to change. Brokers may now use offer or sales-contract forms that reference brokerage fees (including forfeiture-of-earnest-money clauses) without fear of discipline.
Why the Sudden Reprieve?
Session Law 2025-52 (SB 690) directs the Commission to create a permanent replacement for Rule A .0112. The temporary non-enforcement keeps transactions moving while that rewrite winds through the rulemaking process.
The Commission wants to “provide clarity” so brokers aren’t caught between an outdated rule and evolving industry practices shaped by the NAR antitrust settlement and MLS compensation bans.
Key Takeaways for Brokers
What you can do today | Caveats & Best Practices |
Use a pre-printed contract that spells out how and when a commission is paid—or ties earnest-money forfeiture to a broker’s fee. | Still get a written agency agreement in place early and disclose compensation terms to your client. |
Keep your buyer-broker compensation inside the contract if that suits your client’s strategy. | Avoid injecting your firm as a party to the contract; you’re safer listing the payment obligation as a buyer or seller expense line. |
Update your templates now so you’re not scrambling later. | Stay flexible until the permanent rule is finalized. |
What Happens Next?
Aug 14, 2025: The scheduled public hearing only covers the separate fee-rule change (A .0503). The Commission will announce a future hearing date for Rule A .0112.
Expect a proposed text to surface in the coming months. When it does, brokers will get another chance to submit comments before final adoption.
Regulatory Affairs is urging licensees to join its mailing list so you catch every notice and draft.
Action Plan for Your Practice
Audit your forms – If you’ve been striking commission language, add it back in a clean, consumer-friendly format.
Educate your agents – Make sure everyone knows the moratorium applies only while the rule is under revision.
Document, document, document – Compensation is still negotiable; put every agreement in writing and keep it with your transaction file.
Stay tuned – We’ll publish updates (and fresh CE content) as soon as the draft rule text drops.
Bottom line: The Commission just opened a safe harbor that lets you reflect real-world commission arrangements inside the contract—use it wisely, keep your clients informed, and watch this space for the permanent rule.
Are you considering including your compensation in contracts, or will you wait for the dust to settle after the final rule change? Sound off in the comments below or share with a colleague in an upcoming CE Class!
Refernces
North Carolina Real Estate Commission. “A Message from Regulatory Affairs About Commission Rule A .0112.” NC Real Estate Commission Bulletin, Aug. 2025.