(a) Any person, firm, or corporation soliciting a fee in exchange for providing a copy of a record available at the register of deeds office shall state on the top of the document used for the solicitation, in conspicuous type, all of the following:

(1) That the solicitation is not from a State agency or a local unit of government.

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Terms Used In North Carolina General Statutes 75-43

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3

(2) That no action is legally required by the person being solicited.

(3) The fee for obtaining a copy of the record directly from the register of deeds that has custody of the record.

(4) The information necessary to contact the register of deeds that has custody of the record.

(5) The name and physical address of the person, firm, or corporation soliciting the fee.

(b) A document used for a solicitation governed by this section shall not contain deadline dates or be in a form or contain language designed to make the document appear to be issued by a State agency or local unit of government or to appear to impose a legal duty on the person being solicited.

(c) A person, firm, or corporation soliciting a fee in exchange for providing a copy of a record may not charge a fee that is greater than four times the amount the register of deeds with custody of the record would charge for a copy of the same record.

(d) A violation of this section constitutes an unfair trade practice under N.C. Gen. Stat. § 75-1.1 and is subject to all of the enforcement and penalty provisions under this Article.

(e) For the purposes of this section, the term “solicit” means to advertise or market to a nonbusiness entity with whom the solicitor has no preexisting business relationship. (2018-80, s. 3.1.)