House amendment to the 1st edition makes the following changes. Broadens the grounds for liability under new GS 93A-89.3 to include any violation of Article 8 of GS Chapter 93A (the Residential Property Wholesaling and We Buy Houses Homeowner Protection Act) (was, just for failures to provide homeowners the described right to cancel or engaging in listed violations). Makes conforming and technical changes.
RESIDENTIAL PROPERTY WHOLESALING PROTECTION.
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO MAKE VARIOUS CHANGES TO THE NORTH CAROLINA REAL ESTATE LICENSE LAW TO CLARIFY THAT RESIDENTIAL PROPERTY WHOLESALING AND RELATED TRANSACTIONS CONSTITUTE REAL ESTATE BROKERAGE ACTIVITY THAT REQUIRES LICENSURE AND TO PROVIDE HOMEOWNERS WITH A RIGHT TO CANCEL SUCH TRANSACTIONS.Intro. by Howard, Tyson, Biggs, K. Hall.
Bill History:
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Mon, 7 Apr 2025 House: Filed(link is external)
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Tue, 8 Apr 2025 House: Passed 1st Reading(link is external)
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Thu, 17 Apr 2025 House: Reptd Fav(link is external)
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Thu, 17 Apr 2025 House: Re-ref Com On Regulatory Reform(link is external)
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Thu, 17 Apr 2025 House: Withdrawn From Com(link is external)
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Tue, 29 Apr 2025 House: Reptd Fav(link is external)
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Tue, 29 Apr 2025 House: Cal Pursuant Rule 36(b)(link is external)
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Tue, 29 Apr 2025 House: Placed On Cal For 04/30/2025(link is external)
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Wed, 30 Apr 2025 House: Amend Adopted A1(link is external)
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Wed, 30 Apr 2025 House: Passed 2nd Reading(link is external)
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Wed, 30 Apr 2025 House: Passed 3rd Reading(link is external)
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Wed, 30 Apr 2025 House: Ordered Engrossed(link is external)
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Thu, 1 May 2025 House: Regular Message Sent To Senate(link is external)
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Thu, 1 May 2025 Senate: Regular Message Received From House(link is external)
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Thu, 1 May 2025 Senate: Passed 1st Reading(link is external)
Bill Summaries:
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Bill H 797 (2025-2026)Summary date: Apr 30 2025 - View Summary
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Bill H 797 (2025-2026)Summary date: Apr 7 2025 - View Summary
Makes changes to GS Chapter 93A to clarify that residential property wholesaling requires a real estate broker’s license.
Amends GS 93A-2 defining residential property wholesaling to include soliciting homeowners for purchase contracts of their property unless it will be used as the soliciting party's residence, marketing or selling purchase contracts for residential property for consideration or selling or buying or negotiating purchase contracts or options for property, and makes residential property wholesaling a part of the real estate broker definition.
Creates new GS Chapter 93A, Article 8 (Residential Property Wholesaling and We Buy Houses Homeowner Protection Act), intended to protect homeowners from unfair and deceptive practices in residential property wholesaling. Grants a homeowner the right to cancel a purchase contract that is part of a residential property wholesale transaction within 30 days and requires payment of a refund within 10 business days after cancellation. Requires purchase contracts used in these transactions to include a statement about the cancellation right in 14-point font, with specific provisions for how to cancel. Makes failure to provide the right to cancel a per se unfair or deceptive trade practice and authorizes a party to bring actions under GS Chapter 75 to obtain relief. Specifies that recoveries under GS Chapter 75 will not be offset from consideration paid to the homeowner in connection with the property transaction. Permits the Attorney General to enforce the provisions as allowed under GS Chapter 75.
Allows the North Carolina Real Estate Commission to adopt rules to implement the act.
Effective and applicable to purchase contracts entered on or after October 1, 2025.