Bill Summary for H 151 (2015-2016)

Summary date: 

Jun 14 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 151 (Public) Filed Tuesday, March 3, 2015
AN ACT TO AMEND THE VACATION RENTAL ACT TO CLARIFY THE ROLE OF REAL ESTATE BROKERS IN TRANSACTIONS BETWEEN LANDLORDS AND TENANTS, TO PROTECT MEMBERS OF THE ARMED FORCES BY ALLOWING TERMINATION OF RENTAL AGREEMENTS UPON TRANSFER OR REDEPLOYMENT, TO CLARIFY THE PROCEDURE FOR AWARDING AND COLLECTING CERTAIN COURT FEES IN EVICTION PROCEEDINGS, AND TO ALLOW AMENDMENTS TO A LEASE OF REAL PROPERTY TO ORANGE COUNTY TO FACILITATE JAIL CONSTRUCTION.
Intro. by Tine, Setzer, J. Bell, Jackson.

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Bill summary

Senate committee substitute makes the following changes to the 3rd edition.

Amends proposed GS 42A-33, concerning the responsibilities and liability of a real estate broker in managing a vacation rental property, by adding a real estate firm managing a vacation rental property on behalf of a client to the civil immunity provision of proposed subsection (b). Also, changes the civil immunity provision to provide protection from personal liability to a real estate broker or firm in any civil action between the landlord and tenant solely because the real estate broker or firm fails (previously, if the real estate broker fails) to identify the landlord of the property in the vacation rental agreement.

Amends GS 42-44, concerning the general remedies, penalties, and limitations of Article 5 of GS Chapter 42, Residential Rental Agreements, as amended by the act, by adding "real estate firm managing a rental property on behalf of a landlord" to the civil immunity provision of proposed subsection (c1). Also, changes the civil immunity provision to now provide protection from personal liability to a real estate broker or firm as defined in GS 93A-2 in any civil action between the landlord and tenant solely because the real estate broker or firm fails (previously, if the real estate broker fails) to identify the landlord of the property in the rental agreement.

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