Real Estate Agents Always Screw This Up (According to the NC Realtors Legal Hotline)

If you’re a real estate agent in North Carolina, chances are you’ve either called the legal hotline… or should have.

I’m Tiffany Webber, real estate attorney near Lake Norman and host of The Real Estate Show. In this episode, I spoke with John Wait — legal counsel to NC Realtors, Winston-Salem attorney, and the guy behind many of the form changes you’ve used.

Whether you’re helping a client buy, closing on a property, or just trying to stay out of legal trouble, here’s what you need to know.

Who Is John Wait?

John has worn many hats: math teacher, philosopher, appellate clerk, small-town mayor, and now full-time real estate law ninja. Today, he works with NC Realtors on everything from writing legal forms to running their insanely busy legal hotline — often handling 30+ calls and emails before lunch.

He’s also responsible for helping rewrite North Carolina’s most important real estate contracts — making them easier to read, legally sound, and ready for courtroom scrutiny.

The #1 Mistake Agents Make: Confusing Legal Advice with “Helping”

Agents want to help their clients — but sometimes they help too much.

One of John’s biggest pieces of advice? Know where brokerage ends and legal disputes begin. When a deal goes south (a seller backs out, a buyer demands their due diligence back), it’s time to stop giving advice and start recommending your client talk to a lawyer.

Why? Because if things end up in court, everything you said could be part of the evidence.

The Two Most Common Hotline Calls

1. Disclosure Drama:
   What counts as a material fact? Should I disclose this?
   John’s rule: “Forget the technical definition. If a buyer finds out later and might sue you, disclose it.”

2. “Can My Client Get Their Due Diligence Money Back?”
   It depends. (Sorry, it does.)
   These are fact-intensive, high-risk questions — and they often end in court. Don’t wing it.

Behind the Scenes of North Carolina’s Real Estate Forms

John helps write and revise the very forms you use — like the Offer to Purchase and Contract and exclusive agency agreements. And spoiler alert: major updates are coming.

Here’s what to expect:

• A shorter, cleaner Offer to Purchase (3 pages shorter!)

• Important contract terms grouped on the first page

• Simplified warning boxes and language agents can actually explain

• More educational blurbs to help agents and clients understand dual agency, seller concessions, and timelines

Why all the changes? Because when people misunderstand the contract, it creates chaos — and lawsuits. Clearer contracts = fewer hotline calls = everyone wins.

The Secret MVP: The Estate Flowchart (Form 10-T)

Buried in last year’s updates was a gem: a comprehensive flowchart for dealing with real estate owned by an estate. If you’ve ever had a seller pass away mid-contract (or you ever will), this chart can be a lifesaver.

Print it. Bookmark it. You’ll thank yourself later.

Final Advice from the Hotline King

• Use the NC Realtors Q&A Library:
  John’s office writes these every week, and they often answer hotline questions before you need to call.

• Don’t be afraid to say, “I don’t know.”
  Refer your client to an attorney when the situation turns legal.

• Check your texts.
  Even without using Form 220, you could accidentally create a binding compensation agreement in writing. Be careful what you promise.

Ready to Close with Confidence?

At Thomas & Webber, we don’t just handle the paperwork. We help you — and your clients — avoid surprises, stress, and risk.

👉 Send your contract to [email protected] and we’ll take it from there.