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Entry 2305.1 - Calculating Square Footage in Residential Properties, Part 1


Calculating Square Footage in Residential Properties, Part 1


In 1998 the NC Real Estate Commission approved “Guidelines” for calculating Square

Footage in residential properties. These “Guidelines” were developed to assist real estate

Brokers in measuring, calculating, and reporting the Square Footage of both attached and

detached single-family residential houses. These “Guidelines” were included as the primary

portion of the 1999-2000 NCREC Real Estate UPDATE Course. The “Guidelines” are

available in booklet form (called “The Yellow Book”), which can be ordered directly from the

NC Real Estate Commissions website (www.NCREC.gov) under the publications tab.


It is the underlying intent of the NC Real Estate Commission that these “Guidelines” will help

promote uniformity and assist brokers who provide measuring and calculating of square

footage in single-family residential properties as a service to their clients and customers.


Although NC real estate brokers are not required by the Real Estate License Law or the NC

Real Estate Commission Rules to “Report” (either orally or in writing) the square footage of

residential properties offered “For Sale” (or Rent), when brokers do “Report” square footage,

it is essential that the information they give prospective purchasers (or tenants) be accurate.

It is anticipated that these “Guidelines” will help alleviate consumer’s confusion and will have

a direct and positive impact when disclosing square footage to Sellers, Buyers, and

Tenants.


When “Reporting” square footage, real estate Brokers should carefully follow these

“Guidelines” or other comparable standards. The NC Real Estate Commission recognizes

the “American National Standard for Single-Family Residential Buildings: Square Footage-

Method for Calculating” (ANSI Z765) approved by the American National Standards

Institute originally adopted in 1996 as a comparable standard. Brokers should be prepared

to identify, when requested, the Standard they employed when measuring and calculating

square footage in residential properties.


These “Guidelines” place particular emphasis on the responsibility of brokers in their

capacity as an “Agent” under their Fiduciary Duty to their client when “Reporting” square

footage. This responsibility cannot be taken lightly because they have a North Carolina

Broker’s license.


Note: VIc will be teaching a 4 hour Elective Course on the topic of Square Footage Guidelines exclusively for START School of Real Estate. Classes will be posted soon at www.StartSchoolNC.com



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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