Residential Property Sale Listed as Commercial
A real estate sale at 2345 New Bern Ave violates the policy boundary of the North King Charles NCOD. Commercial to the east of Peartree, residential west of Peartree. The property is west on the corner of New Bern and Longview Lake Drive. The property is R-4, they have it listed and advertised as “commercial land” without rezoning first. We have contacted CBC – Trademark Commercial. When the realtor (Wallace Green) was approached, he simply removed a “commercial redevelopment” notice from his sign on New Bern. He left all other advertising (internet, flyer, signage, company listing) as was. Furthermore, his listing makes reference to an “additional 1.5 acres” which is not permitted, if not under contract. I and other East Raleigh citizens consider this a misrepresentation of the property.
Said property is the Thad Eure home, built in 1938, and considered of historic value by many of us.
The home is still firmly zoned as residential:
http://services.wakegov.com/realestate/Account.asp?id=0021057
And Wallace Green is advertising it as commercial:
http://www.loopnet.com/Listing/17505620/2345-New-Bern-Avenue-Raleigh-NC/
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The responses to my post are greatly appreciated. Your recommendations are excellent. I will keep you updated.
I would have to think advertising a property with the wrong zoning would be more than an ethics violation. There surely has to be a statute about this. However, I suggest the poster contact the Attorney General of the Secretary of State's Office about this. Please keep us updated. This is an interesting situation, and if the realtor is falsely advertising the property with wrong zoning, he should in the least, lose his license. Anybody can see what a property is zoned.
My apologies, but this See Click Fix program in our area is responded to by the City of Raleigh only. The State of NC does not track See Click Fix inquiries. The subject here may or may not be violating a state statute, but they are violating no City of Raleigh regulations...therefore there is nothing we can do via See Click Fix regarding this issue. Certainly this is not an endorsement of the actions of this particular realtor, but only an acknowledgement that the City, as the only agency tracking these inquiries on SCF, really cannot do anything to remedy this one. It is not a zoning violation to advertise a property for its potential commercial use even if zoned otherwise. It is very common practice for buyers to enter into a real estate contract contingent on a successful rezoning of the property to allow the use they anticipate. It certainly would not be legal for us to issue a building permit for a commercial use on this residential property, but that is not the case here. The more effective course of action regarding the City's involvement here is to make your elected officials aware of this issue so that should a potential buyer come forth with a rezoning case the City Council is aware of the neighborhood's opposition and can take that into account when considering such a case if it emerges. Contact information for your elected officials is here: http://www.raleighnc.gov/government/content/LandGovernment/Articles/CityCouncil.html
Contact Elaine Marshall's office. Honestly, this man should spend time in jail. I'm sure nothing will happen. The only people shadier than ambulance chasers are realtors. I would encourage you to also request WRAL, WTVD, or WNCN look into this. It would be fascinating to see this crook explain how he accidentally mis-labeled the property.
Your comment is incorrect. This is in violation of North Carolina General Statute, so the realtor is breaking NC law, not just with this property but will additional real estate next to this location. North Carolina Real Estate License Law can be found in Chapter 93A of the General Statutes of North Carolina.
Furthermore, selling a residential property protected under the NCOD as "commercial" or "commercial potential" is in violation with the City and their zoning.
Please keep this item open until the realtor and/or his company complies and corrects any and all listings (internet, flyers, company web site, newspaper, etc.) that so blatantly misrepresent this property. The property is still being advertised as commercial land sale. The property cannot be found under any "residential" search and what little change was made is not prominent enough to be clear. The realtor should not have allowed himself to mislead potential buyers by listing this property incorrectly to begin with.
Thank you.
I do not think this is a violation of any City regulation. It may be an ethical violation of the standards of the Realtors Association. You can contact the Association to find out here: http://www.rrar.com/