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Entry 2304.3 - "UNDER ALL IS THE LAND" - Our Pledge to Protect Private Property Rights

Updated: Jul 25, 2023


"UNDER ALL IS THE LAND" - Our Pledge to Protect Private Property Rights


At the dedication of the NAR Headquarters in Washington DC in the fall of 2004, and

immediately upon entering the main floor lobby you read an impressive glass display etched

with the words “UNDER ALL IS THE LAND”. Written by the Ethics Committee A.H.

Barnhisez, Chairman and published by the National Association of Real Estate Boards in

1924, it begins:


“Under its wise utilization and widely allocated ownership depend the

survival and growth of free institutions and of our civilization. The

REALTOR® is the Instrumentality through which the land resource of the

nation reaches its highest use and through which ownership attains its

widest distribution.”


When you took your REALTOR® Pledge your promise was "To protect the individual right of

real estate ownership and to widen the opportunity to enjoy it." Protection of Private-

Property-Rights is the cornerstone of the real estate industry and is an extension of what our

forefathers believed is our country's highest ideals. Pre-Revolutionary philosophers and

scholars, John Locke, and William Blackstone, regarded private property rights as

fundamental to individual liberty. Their beliefs of "Liberty and Property" gained the weight of constitutional protection with ratification of the Fifth Amendment in 1791 and later the

Fourteenth Amendment in 1868.


At New Member Orientation I emphasize that an objective of the REALTOR® organization is

"To oppose harmful legislation and to strive for legislation beneficial to real estate". As REALTORS®, it is our duty and obligation, of which we have "Pledged", to protect and

defend the “Private-Property-Rights"; of all who want to own and transfer real property.


Today, ordinary Americans can own and transfer real property with relative ease. But it took

us well over 200 years to create and perfect this system that most Americans now take for

granted. The 100+ years existence of the REALTOR® organization was founded on the

fundamental concept of protecting Private-Property-Rights. Property ownership establishes

something much broader than just an emotional connection, far more than just the house

itself. REALTORS® do more than just sell houses, we sell "Homes", we sell

"Neighborhoods", we sell "Communities" and we do it every day.


I believe that "REALTORS® make a difference", and one of the ways we collectively make a

difference is in our staunch stance on protecting and defending "Private-Property-Rights".


"UNDER ALL IS THE LAND"


The above does not constitute Legal Advice. Therefore, find a competent attorney for legal advice.




 
 
 

Commentaires


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General Update Course (Course #5925 V & #9925 IP) – effective July 1, 2024.
Written by the NCREC staff to provide consistent, accurate information for full brokers & PB’s to receive a unified voice on this year’s hot industry topics. This year’s GenUP course includes video segments on Material Facts, Permits, Solar Panels, Radon, Insurance & Flood Insurance, and Broker responsibilities.

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Broker-in-Charge Update Course (Course #5825 V & #8825 IP) – effective July 1, 2024. Written by the NCREC staff to provide consistent, accurate information for Brokers-in-Charge and BIC Eligible Brokers to receive a unified voice on this year’s hot industry topics. This year’s BICUP course includes all the same topics contained in the GenUP plus a review of the specific duties, responsibilities, and compliance
requirements as a BIC.

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Gibbs’ Rules - (NCREC License Law & Commission Rules) – (Course #3594 IP & #3866 V) Gibbs’ Rules was developed with the primary purpose to focus Brokers on how to utilize the North Carolina Real Estate Commission’s License Law and Commission Rules booklet as the “Authoritative Resource” to help Brokers routinely relate this “Resource” in their daily brokerage practice. Select Real Estate Commission Rules and Comments will be reviewed and discussed by applying Special Agent Leroy Jethro Gibbs’ Rules.

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(Course #1911 IP & #1912 V)
This course was developed as a direct result of North Carolina Real Estate Commissions adoption of the North Carolina Real Estate Commission’s Residential Square Footage Guidelines (“The Yellow Book”) on September 9, 1998, last modified in early 2014. The NCREC has an ongoing emphasis that square footage is
a “Material Fact,” and that disclosing square footage in any marketing materials, including MLS data sheets, must be accurate. Therefore, the primary objective of this course is to prepare agents with the knowledge, skill, and competency to properly measure, calculate and report the accurate square footage of residential properties they represent in accordance with the NCREC Residential Square Footage Guidelines (“The Yellow Book”). The course was developed from a practical methodology perspective to assist real estate licensees in the understanding, interpretation, and practice of properly utilizing these Guidelines, and when followed are a sound risk management tool that will mitigate real estate agents misrepresentation exposure. This is a “Risk Management” course.

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(Course #4042 IP & #4043 /v) Is a 4-hour CE course approved by the NCREC which would satisfy a Brokers Tri-Annual REALTOR® Code-of-Ethics requirement to maintain their NAR REALTOR® membership. Ethical-ish explores the historic and current identity crisis of the real estate industry through the lens of a real estate brokers and the consuming public. Ethical-ish endeavors to provide a path towards professionalism for real estate brokers using the REALTOR® Code of Ethics, North Carolina License Law and Commission Rules, and the National Association of REALTORS® Pathway to Professionalism manual as an underlying guide for
brokers to conduct their real estate brokerage practice in a professional and ethical manner.

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The primary objective of this course is to prepare brokers with the knowledge, skill, and competency to understand the definition of “Material Fact” and what is and is not a “Material Fact” under North Carolina law and North Carolina Real Estate Commission Rule & Policy. Brokers are required by NC General Statute to
disclose Material Facts to all parties in a real estate transaction and may be subject to disciplinary action for omitting or misrepresenting facts about a property or failing to disclose a material fact either by willful or negligent actions or inactions [G.S. 93A-6(a)(1).]. Furthermore, Brokers will better understand their duty to
discover and their requirement to affirmatively disclose all material facts that they know or reasonably should have known in a real estate transaction.

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the NC Vacation Rental Act - (Course #1884 & #1885)
The economic impact from Tourism in North Carolina is the third largest component on the North Carolina economy. In 2021 the economic impact was $28.9 Billion Dollars and in 2022 it exceeded $33.0 Billion Dollars. The Tourism dollars spent includes vacation rentals which further includes owning and leasing vacation rental
properties. Due to the fiscal impact coupled with the complexities of vacation rentals, the North Carolina General Assembly enacted G.S. 42A (NC Vacation Rental Act) in 1999. Because Vacation Rentals include buying, selling, and leasing these vacation rentals, which are real estate transactions, the NCREC is charged with
regulating brokers who are engaged in vacation rentals or transactions involving vacation rental properties. This course is centered on the NC Vacation Rental Act (G.S. 42A) and utilizes examples from Case Law to instruct brokers on how to effectively guide their Landlord and Seller Clients in managing and preparing their
vacation rental properties for current and future rentals, all while adhering to Local, State, Federal, and other relevant laws, regulations, and rules governing vacation rentals in North Carolina. This course is specifically designed to help brokers better understand, and be in compliance with, the NC Vacation Rental Act coupled
with the NCREC Rules, and other laws and rules when practicing real estate brokerage in the vacation rental business in NC.

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Inspector Gadget - Home & Commercial Inspections (Course #4137 & #4138)

The primary objective of this course is to prepare brokers with the knowledge, skill, and competency to understand the role of inspections in a residential and commercial transaction, the various types of inspections available to consumers, the relationship between material facts and inspections, and contextualize the information via real world case studies that are impacted by North Carolina law and North Carolina Real Estate Commission Rule & Policy. Brokers are required by NC General Statute to disclose Material Facts to all parties in a real estate transaction and may be subject to disciplinary action for omitting or misrepresenting facts about a property or failing to disclose a material fact either by willful or negligent actions or inactions [G.S. 93A-6(a)(1).]. Furthermore, Brokers will better understand their duty to discover and their requirement to affirmatively disclose all material facts that they know or reasonably should have known in a real estate transaction.

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