Can I require my realtor to provide timely and transparent communication before closing? – North Carolina

Short Answer

Yes. In North Carolina, your real estate broker works under a written agency agreement that can and should require prompt, clear communication and disclosure of material information. State rules also require brokers to keep clients reasonably informed, present information promptly, and follow lawful instructions. If problems arise, you can amend the agreement, escalate to the firm’s broker-in-charge, or file a complaint with the North Carolina Real Estate Commission.

Understanding the Problem

In North Carolina, can you require your buyer’s agent to communicate promptly and transparently before closing when your lender suddenly ordered an appraisal without warning? This question sits squarely in real estate agency law: the client (buyer) wants their broker to act diligently, disclose material information, and keep them informed to protect timelines and decisions before closing. The buyer’s agency agreement is the key tool to set and enforce communication standards.

Apply the Law

Under North Carolina law, a licensed real estate “broker” (often called a realtor) owes clients duties that include reasonable skill and care, loyalty, prompt disclosure of material facts, and obedience to lawful instructions. These duties are memorialized and customized in your written buyer agency agreement. The main forum for enforcing conduct is the North Carolina Real Estate Commission (discipline) and, contractually, the terms of your agency agreement (amendment, reassignment, or termination). Your closing timeline—especially the due diligence period—acts as a practical deadline for addressing communication issues.

Key Requirements

• Written agency terms: Your buyer agency agreement controls what your broker must do; you can add specific response times, reporting frequency, and escalation paths.
• Disclosure of material facts: Your broker must promptly share material information that could affect your decisions (e.g., appraisal status or issues affecting value or closing).
• Follow lawful instructions: You may direct your broker to communicate in a set manner (for example, daily updates) so long as instructions are lawful and feasible.
• Conflict transparency: Personal relationships or interests that could affect the broker’s judgment must be disclosed; consent is required for dual roles.
• Reasonable skill, care, and diligence: Your broker should coordinate and communicate with the closing attorney, lender, and others to keep you informed, even though the broker does not control third parties.
• Enforcement and escalation: If communication fails, escalate to the firm’s broker-in-charge; serious failures can be reported to the North Carolina Real Estate Commission.

What the Statutes Say

• North Carolina Gen. Stat. § 93A-6 (Discipline of real estate brokers) – Allows the Commission to discipline brokers for misrepresentation, omission of material facts, false promises, and improper or dishonest dealing.
• North Carolina Gen. Stat. § 75-1.1 (Unfair or deceptive acts or practices) – Prohibits unfair or deceptive practices in commerce, which can include certain broker conduct toward consumers.

Analysis

Apply the Rule to the Facts: You are under contract to buy a home, so your buyer agency agreement governs how your broker should communicate before closing. You can require clearer, scheduled updates and prompt disclosure of appraisal and payoff issues by amending that agreement and directing your broker in writing. While your lender chose and managed the appraiser, your broker should still keep you reasonably informed and coordinate access. If the broker’s personal relationship with a neighbor could influence judgment, it must be disclosed; escalate to the broker-in-charge if you have concerns.

Process & Timing

1. Who files: You. Where: Your broker’s firm in North Carolina (attention: Broker-in-Charge). What: A written instruction and proposed addendum to your buyer agency agreement specifying response times (e.g., same-day replies, daily status updates), required disclosures, and a backup point of contact. When: Do this immediately—ideally before your due diligence period ends.
2. Ask for reassignment to another broker within the firm if communication does not improve within a short, stated timeframe (for example, 24–48 hours). If needed, request a written termination of the agency per your agreement to avoid disrupting closing.
3. If you believe your broker omitted material facts, acted with bias, or engaged in improper dealing, submit a complaint to the North Carolina Real Estate Commission. The Commission’s process can take weeks to months and addresses license discipline, not contract damages.

Exceptions & Pitfalls

• Dual/designated agency limits: If you consented to dual or designated agency, your broker may be restricted from sharing the other side’s confidential information—even while keeping you informed about process.
• Third-party control: Lenders and appraisers set their own schedules; your broker should coordinate and notify you, but cannot control those parties.
• Notice in writing: Give instructions and concerns in writing and copy the broker-in-charge. Specify deadlines for responses.
• Termination costs: Check your agency agreement for any obligations that survive termination, especially if you switch brokers close to closing.
• Closing logistics in NC: The closing attorney—not the broker—typically secures seller payoff statements and coordinates recording; ask your broker to facilitate communication with the attorney for status updates.

Talk to a Real Estate Attorney

If you’re dealing with poor broker communication or undisclosed conflicts before closing, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.