{"@context":"http://iiif.io/api/presentation/2/context.json","@type":"sc:Manifest","@id":"https://iiif.quartexcollections.com/ncdcr/iiif/16fb21ba-93fb-4597-b4ec-a78de35f461b/manifest","label":"Real_Estate_Commission","metadata":[{"label":"Title","value":"State Agency Finding Aid: Real Estate Commission, 1927-1939"},{"label":"MARS ID","value":"189"},{"label":"Digital Collections","value":["Legacy Finding Aids Collection"]},{"label":"Identifier","value":"Real_Estate_Commission"},{"label":"Digital Format","value":["application/pdf"]},{"label":"Hosted By","value":["State Archives of North Carolina"]},{"label":"Metadata Creator","value":["Cusick, Aaron"]},{"label":"Type","value":["Text"]},{"label":"Notes Public","value":"If you have questions about this collection, please contact the State Archives of North Carolina at archives@ncdcr.gov."},{"label":"Source","value":"Real Estate Commission Records. State Archives of North Carolina"},{"label":"Language","value":["English"]},{"label":"Description","value":"There were two early attempts to regulate the real estate profession in North Carolina.  In 1927 the General Assembly created the first North Carolina Real Estate Commission:  three members, each with at least five years experience in the profession, appointed by the governor to three- year terms after the initial staggered terms.  Members were to select a chairman from their number, adopt necessary rules and regulations, employ assistants and clerical help, maintain copies of proceedings and records, and receive compensation for their service.  The 1927 act differentiated between real estate brokers and real estate salesmen.  A broker was defined as a person, corporation, or firm who for compensation sold, auctioned, exchanged, bought, leased, or  rented real estate.  A saleman was defined as any person who for compensation was engaged by a broker to perform any of these acts.  The major responsibility of the commission was to issue licenses, renewable annually, for those wishing to engage in the real estate profession.  All applicants were to be of good character and competent in the profession.  Every applicant was to supply to the commission two letters of recommendation from real estate owners from his county of residence, attesting  his reputation and competency.  Brokers were also to provide  information on the firm with which they were associated. Applicants for a salesman's license were to include information on previous real estate experience, the companies with which they were employed, and statements from their last employers.  All applications were to be accompanied by required fees.  An application could be refused if the commission determined that an applicant was unqualified.  In such cases, a hearing could be held to review the application.  Licenses could be revoked for a number of fraudulent, dishonest, or improper actions, including misrepresentation, making false promises, acting for more that one party without the knowledge of all parties, and incompetency.  Before revocation the commission was to hold a hearing at which the concerned party had the right to be represented by counsel.  The district superior court had the right to review all commission decisions in such cases.  The commission could also impose penalties for the violation of this law. Upon conviction a person or firm could be liable to a fine or imprisonment.  The 1927 law, however, applied only to eight counties in the state and was challenged legally.  In January 1937 the North Carolina Supreme Court declared that the law was discriminatory and unconstitutional, contravening Article I, section 7, of the state constitution, since it applied only to real estate brokers and salesmen in designated counties and not to those in other counties.  Later in 1937, the General Assembly again enacted legislation to regulate the real estate profession.  Definitions of real estate brokers and salesmen were appropriated from the 1927 law.  Like the earlier commission, the 1937 commission was to receive applications and issue licenses.  Qualifications enunciated in the 1927 law were repeated, with the exception that applicants had to pass a written examination administered by commission representatives.  Persons engaged in the real estate profession for at least a year before the effective date of this legislation were to be exempted from taking the examination.  Reasons for revocation and suspension of licenses were also reprised from the 1927  law, including provisions for hearings, the right to counsel, and the right to appeal to the superior court.  Although the 1937 law went into effect on 1 June 1937, sixty-four counties were exempted by the legislature, and once again the law  was challenged in court.  In March 1939 the North Carolina Supreme Court handed down a decision declaring the Real Estate License Act  of 1937 to be unconstitutional.  The court held that since the act set up state-wide requirements for real estate licensing but only applied them to thirty-six counties, it was discriminatory and was in fact a local act regulating trade in contravention of Article III, Section 29,  of the state constitution.  Accordingly, the General Assembly later that  month abolished the North Carolina Real Estate Commission and liquidated its assets.  It would be eighteen years before the state again attempted comprehensive regulation and licensing of the real estate profession in North Carolina.  REFERENCES:  Public-Local Laws, 1927, c. 241, ss. 2, 3, 5, 9, 12, 17.  P.L., 1937, c. 292, ss. 1-7, 9, 10, 13.  P.L., 1939, c. 274, s. 1.  STATE V. DIXON. NORTH CAROLINA REPORTS 215 (1939): 161.  STATE V. WARREN. NORTH CAROLINA REPORTS 211 (1937): 75. %7EFor information about a subsequent agency, see the agency history for the Real Estate Licensing Board Record Group (#140)."},{"label":"Digital Characteristics","value":"4 pages"},{"label":"Format","value":["Finding aids"]},{"label":"Rights","value":"This item is provided courtesy of the State Archives of North Carolina and is a public record according to G.S.132."},{"label":"Source Collections","value":["Real Estate Commission Records. 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