CHAPTER Rea 100 ORGANIZATIONAL RULES
PART Rea 101 DEFINITIONS
Rea 101.01 Terms Used in Rules.
(a) All terms used in these rules shall have the
same meaning as set forth in RSA 331-A:2 or as used elsewhere in RSA 331-A.
(b) “Client” means a person represented by a real
estate licensee, engaged in an agency relationship.
(c) “Commission”
means “commission” as defined in RSA 331-A:2, IV and the term includes
alternates appointed, pursuant to RSA 331-A.
(d) “Commission administrator” means the staff
member assigned to oversee administrative tasks of the commission, including
but not limited to informal disposition pursuant to Rea 204.06.
(e)
“Complaint” means to allege sufficient facts which, if true, would
violate the real estate practice act or code of administrative rules adopted by
the board.
(f) “Customer” means a person without
representation by a licensee.
(g) “Firm” means any sole proprietorship,
partnership, association, corporation, limited liability company, or other
business association engaged in the sale or lease of real estate or which
employs licensees under this chapter.
(h) “Kickback” means any commission, fee or other
consideration, pursuant to RSA 331-A:26, XXI.
(i) “Rebate” means any commission, fee or other
consideration, pursuant to RSA 331-A:26, XXI.
(j) “Trade name” means a name used by a person or
firm to identify a business.
(k) “Valuable consideration” means anything of
value exceeding $100.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84,
EXPIRED: 9-19-90
New. #5567, eff 2-11-93, EXPIRED: 2-11-99
New. #7160, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7262, eff 5-6-00; ss by #7518, eff
6-28-01; ss by #8830, eff 5-1-07; amd by #12362, eff 8-16-17; amd by #12977-A,
eff 1-23-20
Rea 101.02 Unprofessional Conduct. “Unprofessional conduct” as used in RSA
331-A, means any conduct in violation of RSA 331-A:26.
Source. #6679, eff 2-3-98; ss by #7262, eff 5-6-00
PART Rea 102 DESCRIPTIONS
Rea 102.01 Description of Agency.
(a)
The commission consists of 5 members appointed by the governor with the
advice and consent of the council pursuant to RSA 331-A:5.
(b)
Its functions include the examination and licensing of persons applying
for salesperson or broker status, and the regulation of salespersons and
brokers. The commission shall appoint an
executive director who shall assist the commission in administering this
chapter.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84,
EXPIRED: 9-19-90
New. #5567, eff 2-11-93, EXPIRED: 2-11-99
New. #7160, INTERIM, eff 12-18-99, EXPIRED: 4-16-00
New. #7262,
eff 5-6-00
PART Rea 103 INFORMATION
Rea 103.01 Request for Information. Information may be obtained from the
commission by writing or calling the commission office at:
NH Real Estate
Commission
Division of
Technical Professions
Office of
Professional Licensure and Certification
121 South Fruit
Street
Concord, NH 03301
(603) 271-2219
Source. #5567, eff 2-11-93, EXPIRED: 2-11-99
New. #7160, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7262,
eff 5-6-00; ss by #10146, eff 6-20-12,
EXPIRED: 7-1-15
New. #12362,
eff 8-16-17
CHAPTER Rea 200 PRACTICE AND PROCEDURAL RULES
PART Rea 201 ADOPTION OF RULES AND DECLARATORY RULINGS
Rea 201.01 Petition and Adoption of Rules.
(a)
Any person may submit a petition to adopt, amend or repeal a rule to the
executive director of the commission.
The petition shall be limited to a single subject.
(b)
The executive director shall present the petition to the commission at
the next scheduled meeting and the commission shall act on the petition,
or if necessary, request further information.
(c)
The person submitting the petition shall be notified of the commission’s
decision within 30 days after submission of the petition.
(d)
The petition shall be granted if the petitioner can demonstrate the
following:
(1) The proposed rule, amendment or repeal
protects the public interest; and
(2) The proposed rule, amendment or repeal does
not conflict with RSA 331-A.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84,
EXPIRED: 9-19-90
New. #5567, eff 2-11-93 (from Rea 103.01),
EXPIRED:
2-11-99
New. #7161, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7263, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 201.02 Public Hearings. A non-adjudicative public hearing shall be
held:
(a)
When the commission proposes to adopt rules; or
(b)
At any other time when a hearing is not required by law where the
commission determines that a public hearing will benefit the public, the
commission, or both.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84,
EXPIRED: 9-19-90
New. #5568, eff 2-11-93 (from Rea 103.02),
EXPIRED:
2-11-99
New. #7161, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7263, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 201.03 Notice. Notice of the date, time and place for
hearings shall be given as follows:
(a)
For rulemaking hearings held pursuant to RSA 541-A, by publication in
the rulemaking register and by mail, commission newsletter or newspaper
advertisement as required by RSA 541-A; and
(b)
For all other public hearings, by a method consistent with the
requirements of RSA 91-A.
Source. #7263, eff 5-6-00; amd by #7519, eff 6-28-01; amd by #9202, INTERIM,
eff 7-16-08; ss by #9269-A, eff 9-17-08
Rea 201.04 Record. A record of the hearing shall be made by tape
recording or some other method that will provide a verbatim record.
Source. #7263, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 201.05 Opening the Hearing. The presiding officer shall open the hearing
by describing the purpose of the hearing and the procedures for providing
testimony.
Source. #7263, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 201.06 Testimony.
(a)
Any person who desires to submit written testimony at a non-adjudicative
hearing shall do so to the presiding officer provided such testimony is signed
and dated.
(b)
Any person who desires to testify orally at a non-adjudicative hearing
shall submit her or his name, address, and person or entity that she or he is
representing, if any, to the presiding officer.
(c)
The presiding officer shall terminate any comments, questions, or
discussion from the public that are not relevant to the subject matter of the
hearing.
Source. #7263, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 201.07 Concluding the Hearing. When the presiding officer determines that no
other persons wish to speak, she or he shall close the hearing.
Source. #7263, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 201.08 Petition for Declaratory Rulings.
(a)
Any person may petition the commission for a declaratory ruling as to
the applicability of any provision of RSA 331-A or of any rule or order of the
commission by filing a written petition with the executive director of the
commission.
(b)
The petition shall be considered at the next scheduled meeting of the
commission, and the commission shall in every case issue its ruling in writing,
with a copy to the petitioner.
Source. #7263, eff 5-6-00 (formerly Rea 201.02),
EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
PART Rea 202 FILING, FORMAT AND DELIVERY OF DOCUMENTS
Rea 202.01 Date of Issuance or Filing. All written documents governed by these rules
shall be rebuttably presumed to have been issued on the date noted on the
document and to have been filed with the commission on the actual date of
receipt by the commission, as evidenced by a date stamp placed on the document
by the commission in the normal course of business.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84,
EXPIRED: 9-19-90
New. #5568, eff 2-11-93 (from Rea 201.01),
EXPIRED:
2-11-99
New. #7161, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7263, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 202.02 Format of Documents.
(a)
All correspondence, pleadings, motions or other documents filed under
these rules shall:
(1) Include the title and docket number of the
proceeding, if known;
(2) Be typewritten or clearly printed on durable
paper 8 ½ by 11 inches in size;
(3) Be signed by the party or proponent of the
document, or, if the party appears by a representative, by the representative;
and
(4) Include a statement certifying that a copy of
the document has been delivered to all parties to the proceeding in compliance
with Rea 202.03.
(b)
A party or representative’s signature on a document filed with the
commission shall constitute certification that:
(1) The signer has read the document;
(2) The signer is authorized to file it;
(3) To the best of the signer’s knowledge,
information and belief there are good and sufficient grounds to support it; and
(4) The document has not been filed for purposes
of delay.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84,
EXPIRED: 9-19-90
New. #5568, eff 2-11-93 (from Rea 201.02),
EXPIRED:
2-11-99
New. #7161, INTERIM, eff 12-18-99, EXPIRED: 4-16-00
New. #7263, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 202.03 Delivery of Documents.
(a)
Copies of all petitions, motions, exhibits, memoranda, or other
documents filed by any party to a proceeding governed by these rules shall be
delivered by that party to all other parties to the proceeding.
(b)
All notices, orders, decisions or other documents issued by the
presiding officer or commission shall be delivered to all parties to the proceeding.
(c)
Delivery of all documents relating to a proceeding shall be made by
personal delivery or by depositing a copy of the document, by certified mail,
postage prepaid, in the
(d)
When a party appears by a representative, delivery of a document to the
party’s representative at the address stated on the appearance filed by the
representative shall constitute delivery to the party.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84,
EXPIRED: 9-19-90
New. #5568, eff 2-11-93 (from Rea 202.01),
EXPIRED:
2-11-99
New. #7161, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7263, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
PART Rea 203 TIME PERIODS
Rea 203.01 Computation of Time.
(a)
Unless otherwise specified, all time periods referenced in this chapter
shall be calendar days.
(b)
Computation of any period of time referred to in these rules shall begin
with the day after the action which sets the time period in motion, and shall
include the last day of the period so computed.
(c)
If the last day of the period so computed falls on a Saturday, Sunday or
legal holiday, then the time period shall be extended to include the first
business day following the Saturday, Sunday or legal holiday.
Source. #5568, eff 2-11-93, EXPIRED: 2-11-99
New. #7161, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7263, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
PART Rea 204 COMPLAINT PROCEDURE
Rea 204.01 Complaint Form. All complaints shall be made by completing a
commission-provided “Complaint Form”, effective June 2017, which shall be
signed and sworn to in the presence of a notary public or justice of the peace.
Source. #5568, eff 2-11-93, EXPIRED: 2-11-99
New. #7161, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7263, eff 5-6-00 (formerly Rea 202.01),
EXPIRED:
5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-B,
eff
9-17-08, EXPIRED: 9-17-16
New. #12109, INTERIM, eff 2-22-17, EXPIRES:
8-21-17; ss by #12362, eff 8-16-17
Rea 204.02 Filing of Complaint. The complete complaint form described in Rea
204.01 shall be mailed or delivered to the commission office.
Source. #5568, eff 2-11-93, EXPIRED: 2-11-99
New. #7161, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7263, eff 5-6-00 (formerly Rea 202.02),
EXPIRED:
5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-B,
eff
9-17-08, EXPIRED: 9-17-16
New. #12109, INTERIM, eff 2-22-17, EXPIRES:
8-21-17; ss by #12362, eff 8-16-17
Rea 204.03 Notice of Complaint. The commission shall send a copy of the
formal complaint filed pursuant to Rea 204.01 and Rea 204.02 to the licensee, accredited
individual, institution, or organization, or person charged with practicing
unlawful brokerage activity against whom the complaint is made together
with a blank original “Complaint Form Response”, effective March 2017.
Source. #7263, eff 5-6-00 (formerly Rea 202.03),
EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-B,
eff
9-17-08, EXPIRED: 9-17-16
New. #12109, INTERIM, eff 2-22-17, EXPIRES:
8-21-17; ss by #12362, eff 8-16-17
Rea 204.04 Response.
(a)
Each licensee, accredited individual, institution, or organization, or
person charged with practicing unlawful brokerage activity against whom a
complaint is made shall respond to the complaint by completing an original
“Complaint Form Response” form, effective June 2017. Said form shall be signed and sworn to in the
presence of a notary public or justice of the peace.
(b)
The response shall be filed with the commission within 30 days of
receipt of the Complaint Form Response.
Source. #7263, eff 5-6-00 (formerly Rea 202.04),
EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-B,
eff
9-17-08, EXPIRED: 9-17-16
New. #12109, INTERIM, eff 2-22-17, EXPIRES:
8-21-17; ss by #12362, eff 8-16-17
Rea 204.05 Investigation. All formal complaints shall be investigated
pursuant to RSA 331-A:29.
Source. #7263, eff 5-6-00 (formerly Rea 202.05),
EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-B,
eff
9-17-08, EXPIRED: 9-17-16
New. #12109, INTERIM, eff 2-22-17, EXPIRES:
8-21-17; ss by #12362, eff 8-16-17
Rea 204.06 Adjustment by Conciliation.
(a)
For purposes of this section “informal disposition” means resolution of
the complaint without a hearing on the merits and with the consent of the
licensee, accredited individual, institution, or organization, or person
charged with practicing unlawful brokerage activity, and approval of the
commission, pursuant to RSA 331-A:29 and RSA 541-A:31, V (a) and (b).
(b)
The evaluating commission member and the commission administrator shall
attempt to resolve the complaint informally pursuant to RSA 331-A:29, I and RSA
541-A:31, V.
(c)
When resolving a complaint informally, the commission shall:
(1) Inform the licensee, accredited individual,
institution, or organization, or person charged with practicing unlawful
brokerage activity, that any proposed settlement agreement is voluntary; and
(2) Inform the licensee, accredited individual,
institution, or organization, or person charged with practicing unlawful
brokerage activity that the licensee, accredited individual, institution, or
organization, or person charged with practicing unlawful brokerage activity,
may be represented by counsel at an informal disposition at the expense of the
licensee, accredited individual, institution, or organization, or person
charged with practicing unlawful brokerage activity.
(d) A proposed informal disposition of a complaint
shall be presented to the commission for its consideration. The proposed settlement agreement shall be in
writing, signed at a minimum by the licensee, accredited individual,
institution, or organization, or person charged with practicing unlawful
brokerage activity, and the commission administrator,
and be notarized.
(e)
A proposed settlement agreement shall at a minimum set forth the
allegations made in the complaint, the conditions agreed upon, and the
consequences of noncompliance.
(f)
The commission shall accept the proposed settlement agreement in whole
or in part, reject the proposed settlement agreement or indicate that it would
accept the proposed settlement agreement with specified conditions or
amendments.
Source. #7519,
eff 6-28-01 (from Rea 205.03); ss by #8831,
eff 5-1-07; ss by #12362, eff 8-16-17; amd by #12977-A, eff 1-23-20
PART Rea 205 CONDUCT OF ADJUDICATIVE HEARING
Rea 205.01 Notice.
(a)
Whenever the commission determines that a hearing is warranted, based on
a preliminary showing of evidence giving rise to sufficient
concern that a violation(s) may have occurred as presented by the evaluating
commission member, a disciplinary hearing shall be conducted. A hearing shall then be scheduled and notice
of the hearing shall be given to both parties at least 14 days prior to the
scheduled hearing by certified mail, return receipt requested.
(b)
Such notice shall include the following:
(1) A factual summary of the complaint or charges
as well as a statement of the legal authority under which the hearing shall be
held;
(2) Those provisions of RSA 331-A and/or
administrative rules on which the complaint is based;
(3) The time, date, place and nature of hearing;
(4) The fact that either party may be represented
by counsel at the hearing before the commission;
(5) The fact that either party may have witnesses
present;
(6) The fact that either party may provide
evidence pursuant to RSA 541-A;
(7) A statement that each party has the right to
have the commission provide a certified shorthand court reporter at the party’s
expense and that any such request shall be submitted in writing at least 10
days prior to the hearing; and
(8) A statement indicating the extent to which
the Jus 800 will apply to that proceeding.
Source. #7263, eff 5-6-00 (formerly Rea 203.01),
EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 205.02 Request for Continuance.
(a)
Requests for granting continuances based on good cause shall be
submitted, in writing, to the executive director at least 10 days prior to the
hearing date. Good cause shall include
the unavailability of parties, witnesses or representatives necessary to
conduct the hearing, or any other circumstances that demonstrate that a
postponement would assist in resolving the case fairly, unless such
unavailability is due to action or inaction on the part of the party.
(b)
Any such requests submitted less than 10 days in advance of a hearing
shall be accompanied by an affidavit demonstrating good cause for the late
filing.
(c)
Good cause for late filing shall include but not be limited to:
(1) Serious illness;
(2) Death of a family member; and
(3) Conflicting court schedules.
Source. #7263, eff 5-6-00 (formerly Rea 203.02),
EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 205.03 - RESERVED
Source. #7263, eff 5-6-00 (formerly Rea 203.03);
moved by #7519, eff 6-28-01 (see Rea 204.06)
Rea 205.04 Presiding Officer; Appointment; Authority.
(a)
All hearings shall be conducted for the commission by a natural person
appointed or authorized to serve as a presiding officer.
(b)
A presiding officer shall as necessary:
(1) Regulate and control the course of a hearing;
(2) Facilitate an informal resolution of an
appeal;
(3) Administer oaths and affirmations;
(4) Receive relevant evidence at hearings and
exclude irrelevant, immaterial or unduly repetitious evidence;
(5) Rule on procedural requests, including
adjournments or postponements, at the request of a party or on the presiding
officer’s own motion;
(6) Question any person who testifies;
(7) Cause a complete record of any hearing to be
made, as specified in RSA 541-A:31, VI;
(8) Take any other action consistent with
applicable statutes, rules and case law necessary to conduct the hearing and
complete the record in a fair and timely manner; and
(c)
Upon his or her own initiative or upon the motion of any party, suspend
or waive any requirement or limitation imposed by this chapter upon notice to
affected persons when the proposed waiver or suspension appears to be lawful,
and would be more likely to promote the fair, accurate and efficient resolution
of issues pending before the commission than would adherence to a particular rule
or procedure.
Source. #7263, eff 5-6-00; amd by #7519, eff 6-28-01; amd by
#9202, INTERIM, eff 7-16-08; ss by #9269-A,
eff 9-17-08
Rea 205.05 Withdrawal of Commissioner.
(a)
Upon his or her own initiative or upon the motion of any party, a
commissioner shall, for good cause withdraw from any hearing.
(b)
Good cause shall exist if a commissioner:
(1) Has a direct interest in the outcome of a
proceeding, including, but not limited to, a financial or family relationship,
within the third degree of relationship, with any party; or
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of a
case; or
(3) Personally believes that he or she cannot
fairly judge the facts of a case.
(c) Mere knowledge of the issues, the parties or
any witness shall not constitute good cause for withdrawal.
Source. #7263, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 205.06 Appearances and Representation.
(a)
A party or the party’s representative shall file an appearance that includes
the following information:
(1) A brief identification of the matter;
(2) A statement as to whether or not the
representative is an attorney and if so, whether the attorney is licensed to
practice in
(3) The party or representative’s daytime address
and telephone number.
Source. #7263, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 205.07 Prehearing Conference. Upon request by any party, or upon the
initiative of the presiding officer or commission officials a prehearing
conference shall be scheduled in accordance with RSA 541-A:31, V, to consider:
(a)
Offers of settlement;
(b)
Simplification of the issues;
(c)
Stipulations or admissions as to issues of fact or proof by consent of
the parties;
(d)
Limitations on the number of witnesses;
(e)
Changes to standard procedures desired during the hearing by consent of
the parties;
(f)
Consolidation of examination of witnesses; or
(g)
Any other matters which aid in the disposition of the proceeding.
Source. #7263, eff 5-6-00; ss by #7519, eff 6-28-01
Rea 205.08 Role of Agency Staff in Enforcement or
Disciplinary Hearings. Unless called
as witnesses, agency staff shall have no role in any enforcement or
disciplinary hearing.
Source. #7263, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 205.09 Role of Complainants in Enforcement or
Disciplinary Hearings. Unless called
as a witness or granted party or intervenor status, a person who initiates an
adjudicative proceeding by complaining to the commission about the conduct of a
person who becomes a party shall have no role in any enforcement or disciplinary
hearing.
Source. #7263, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 205.10 Postponements.
(a)
Any party to a hearing may make an oral or written motion that a hearing
be postponed to a later date or time.
(b)
If a postponement is requested by a party to the hearing, it shall be
granted if the presiding officer determines that good cause has been
demonstrated. Good cause shall include
the unavailability of parties,
witnesses or attorneys
necessary to conduct the hearing, the likelihood that a hearing will not be
necessary because the parties have reached a settlement or any other
circumstances that demonstrate that a postponement would assist in resolving
the case fairly.
(c)
If the later date, time and place are known at the time of the hearing
that is being postponed, the date, time and place shall be stated on the
record. If the later date, time and
place are not known at the
time of the hearing that is being postponed, the presiding officer shall issue
a written scheduling order stating the date, time and place of the postponed
hearing as soon as practicable.
Source. #7263, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 205.11 Failure to Attend Hearing. If any party to whom notice has been given in
accordance with Rea 205.01 fails to attend a hearing, the presiding officer
shall:
(a)
Declare that party to be in default; and
(b)
Either:
(1) Dismiss the case, if the party with the
burden of proof fails to appear; or
(2) Hear the testimony and receive the evidence
offered by a party, if that party has the burden of proof in the case.
Source. #7263, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 205.12 Witnesses. All witnesses appearing before the commission
shall testify under oath or affirmation.
Oaths shall be administered by the presiding officer.
Source. #7263, eff 5-6-00 (formerly Rea 203.04),
EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 205.13 Evidence. The introduction of evidence and testimony in
adjudicative proceedings held before the commission shall comply with RSA
541-A:33.
Source. #7263, eff 5-6-00 (formerly Rea 203.05),
EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 205.14 Standard and Burden of Proof. The party asserting a proposition shall bear
the burden of proving the truth of the proposition by a preponderance of the
evidence.
Source. #7263, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 205.15 Reopening the Record. At any time prior to the issuance of the
decision on the merits, the presiding officer, on the presiding officer’s own
initiative or on the motion of any party, shall reopen the record to receive
relevant material and non-duplicative testimony, evidence or arguments not
previously
received, if the presiding officer determines that such testimony, evidence or
arguments are necessary to a full and fair consideration of the issues to be
decided.
Source. #7263, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
Rea 205.16 Hearing Procedures.
(a) Disciplinary hearings shall be
heard by a hearing panel consisting of at least 3 commission members. The
hearing panel shall not include the commission member responsible for
evaluating the complaint. The commission
chairperson or acting chairperson shall act as the presiding officer.
(b) The complainant, whether a member
of the public or the commission’s investigator or complainant’s representative,
shall open the proceedings through production of witnesses and exhibits, to be
followed by those produced by the licensee, accredited individual, institution,
or organization, or person charged with practicing unlawful brokerage activity
complained against, or counsel of the licensee, accredited individual,
institution, or organization, or person charged with practicing unlawful
brokerage activity. Opportunity shall be
afforded to either party to cross-examine each witness of the other party at
the conclusion of the witness’s direct testimony. Commission members shall, if necessary, ask questions
of the witness during examination or subsequent to cross-examination, and shall
request additional evidence as the hearing panel deems necessary to an
understanding and determination of the issues.
(c)
After all evidence is submitted, the complainant, or complainant’s representative,
shall summarize first, followed by the licensee, accredited individual,
institution, or organization, or person charged with practicing unlawful
brokerage activity complained against.
The hearing panel shall then retire with the facts to deliberate on the
case and make its decision. Written
memoranda and statements may also be filed with the hearing panel before the
close of evidence.
Source. #7263, eff 5-6-00 (formerly Rea 203.06),
EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08; ss by #12362, eff 8-16-17
Rea 205.17 Record of the Hearing.
(a)
A verbatim record of all disciplinary hearings held by the commission
shall be kept and made a part of the case file pursuant to RSA 541-A:31, VII.
(b)
If any person requests a transcript of the taped record, the commission
shall cause a transcript to be prepared and, upon receipt of payment for the cost
of the transcription, shall provide copies of the transcript to the requesting
party.
(c)
At the request of a party to any proceeding involving disciplinary
action before the commission, the record of the proceeding shall be made by a
certified shorthand court reporter provided by the commission at the requesting
party’s expense. A request for a
certified shorthand court reporter shall be filed at least 10 days prior to the
hearing.
Source. #7263, eff 5-6-00 (formerly Rea 203.07),
EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08
PART Rea 206 ADJUDICATIVE
HEARING DECISIONS
Rea 206.01 Orders.
(a)
Any decision by the hearing panel on matters considered at a
disciplinary hearing shall be by majority vote.
The decision shall be issued by the commission, in writing, in the form
of an order.
(b)
Members of the commission shall not participate in a decision unless
they have been present at the hearing.
(c)
An order shall include findings of fact and conclusions of law, and
shall be based upon the preponderance of evidence presented at the disciplinary
hearing or contained in the record.
(d)
After the close of the record, the commission shall dismiss the case if
the allegations have not been proved by a preponderance of evidence.
(e)
After the close of the record, if the allegations have been proven by a
preponderance of the evidence, the commission shall take disciplinary action
pursuant to RSA 331-A:28, I-a and II. In
imposing a sanction, the commission shall take into account the presence of
aggravating or mitigating circumstances.
(f)
The following shall be considered aggravating circumstances:
(1) Any prior
disciplinary record of the licensee, accredited individual, institution, or
organization, or person charged with practicing unlawful brokerage activity,
including number, type, and timing of prior instances of misconduct;
(2) The state of
mind of the licensee, accredited individual, institution, or organization, or
person charged with practicing unlawful brokerage activity at the time of the
offense;
(3) The unwillingness of the licensee accredited
individual, institution, or organization, or person charged with practicing
unlawful brokerage activity to cooperate with the commission;
(4) The purpose of the rule or statute violated;
(5) The potential harm to the public; and
(6) Multiple offenses in the same incident.
(g)
The following shall be considered mitigating circumstances:
(1) The absence of a prior disciplinary record;
(2) The state of mind of the licensee, accredited
individual, institution, or organization, or person charged with practicing
unlawful brokerage activity at the time of the offense;
(3) The willingness of the licensee, accredited
individual, institution, or organization, or person charged with practicing
unlawful brokerage activity to cooperate with the commission;
(4) Acknowledgement of wrongdoing by the licensee,
accredited individual, institution, or organization, or person charged with
practicing unlawful brokerage activity;
(5) The purpose of the rule or statute violated;
(6) The lack of potential harm to the public; and
(7) The lack of multiple offenses in the same
incident.
(h)
A copy of the commission’s order shall be mailed within 2 days after
issuance to:
(1) The place of business of the licensee,
accredited individual, institution, or organization, or person charged with
practicing unlawful brokerage activity.; and
(2) The complainant, if any, and to each party in
a transaction in which the commission determined the person was practicing
unlawful brokerage activity.
Source. #7263, eff 5-6-00 (formerly Rea 204.01); ss
by #7519, eff 6-28-01; ss by #12362, eff 8-16-17
Rea 206.02 Appeals. The action of the commission stated in an
order may be appealed to the superior court by the licensee, accredited
individual, institution, or organization, or person charged with practicing
unlawful brokerage activity within 30 days after its issuance pursuant to RSA
331-A:28, III.
Source. #7263, eff 5-6-00 (formerly Rea 204.02),
EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9269-A, eff
9-17-08; ss by #12362, eff 8-16-17
PART
Rea 207 EXPLANATION OF RULES
Rea 207.01 Explanation of Rules.
(a)
The commission shall provide, if requested by any person up to 30 days
of the final adoption of any rule, an explanation of the rule to include:
(1) A concise statement of the principal reasons
for and against the adoption of the rule in its final form; and
(2) An explanation of why the commission
overruled the arguments and consideration against the rule.
(b)
The request shall be considered at the next scheduled commission meeting
and the commission shall issue a response within 45 days after consideration.
Source. #9269-B, eff 9-17-08, EXPIRED: 9-17-16
New. #12109, INTERIM, eff 2-22-17, EXPIRES:
8-21-17; ss by #12362, eff 8-16-17
CHAPTER
Rea 300 LICENSING REQUIREMENTS
PART
Rea 301 APPLICATION PROCEDURE
Rea 301.01 Application Form.
(a)
All applicants for licenses under RSA 331-A as brokers shall complete
and submit the following:
(1) A“Real Estate Broker Application Form”,
revised 9/4/2019, which includes the following:
a. A statement that the applicant has completed
a “Criminal History Record Information Release Authorization Form,” also known as DSSP256, and
submitted the form to the department of safety, division of state police, with
the board identified as the recipient of the record or records, as required by
RSA 331-A:10-a;
b. Signed affidavits from three character
references, as required by RSA 331-A:12, II, which states the following:
“I, the undersigned, on oath depose and say
that I am in no way related to the applicant by either blood or marriage, and
that said applicant for a real estate license is a person of good repute,
trustworthy and entitled to public confidence and that I know of no
circumstance or dealing by the applicant which would disqualify him/her for the
license applied for.”
c. The applicant’s signature after the following
certification:
“I have read and understand the state statutes
331-A and the administrative rules. I attest that the information contained in
this form is true and correct to the best of my knowledge and belief and I
further acknowledge that the provision of materially false information in the
application knowingly provided is a basis for denial and if it is discovered
after the license is issued, is a basis for disciplinary action by the board:”;
d. If the applicant is a non-resident, a signed
irrevocable consent and power of attorney statement, as required by RSA
331-A:22, II
e. A signed statement from the employing broker,
listing the principal broker’s license number, certifying that the applicant
was employed by him or her as a real estate salesperson, listing the dates and
the number of hours per week of that employ and whether the applicant was
employed full time or part time.
(2) If the applicant answered “yes” to questions
1-6 and 9 on the “Real Estate Broker Application Form”, a sheet of paper
attached to the application giving full details and an explanation;
(3) If the applicant answers “yes” to question 5
of the “Real Estate Broker Application Form”, an “Arrest and Conviction Form”,
effective June 2017 and available on the commission’s website, including an
attachment that explains the circumstances surrounding any arrest or
conviction; and
(4) If using a trade name, a “Trade Name
Registration and Re-Registration” form, revised 9/2019.
(b)
Applicants for licenses under (a) above and (c) below shall have their
prospective principal broker complete the applicable sections, which shall
include an attestation by the principal broker that the applicant is of good
moral character and is trustworthy, indicated by the principle broker’s
signature under the following certification:
“Upon receipt of the license herein applied for, the
above named applicant will be employed by me or will otherwise be under
contract with me to perform services as a real estate licensee, and will work
under my supervision. I will display his/her license prominently at my place of
business, and when he/she leaves my employ I will immediately notify the New
Hampshire Real Estate Commission within 5 days, as required by RSA 331-A:17,
IV.
To the best of my knowledge the
applicant is of good moral character and is trustworthy.”
(c)
All applicants for licenses under RSA 331-A as salespersons shall
complete and submit a “Real Estate Salesperson Application Form” , revised
9/4/2019, which includes the following:
(1) A statement that the applicant has completed
a “Criminal History Record Information Release Authorization Form,” also known
as DSSP256, and submitted the form to the department of safety, division of
state police, with the board identified as the recipient of the record or
records, as required by RSA 331-A:10-a;
(2) Signed affidavits from three character
references, as required by RSA 331-A:12, II, which states the following:
“I, the undersigned, on oath depose and say that I am in no way
related to the applicant by either blood or marriage, and that said applicant
for a real estate license is a person of good repute, trustworthy and entitled to public confidence and that I
know of no circumstance or dealing by the applicant which would disqualify
him/her for the license applied for.”
(3) The applicant’s signature after the following
certification:
“I have read and understand the state statutes
331-A and the administrative rules. I attest that the information contained in
this form is true and correct to the best of my knowledge and belief and I further acknowledge that the provision of materially false
information in the application knowingly provided is a basis for denial and if
it is discovered after the license is issued, is a basis for disciplinary
action by the board:”; and
(4) If the applicant is a non-resident, a signed
irrevocable consent and power of attorney statement, as required by RSA
331-A:22, II.
(5) If the applicant answered “yes” to question 1
through 6 on the “Real Estate Salesperson Application Form”, a sheet of paper
attached to the application giving full details and an explanation;
(d)
All applicants for a broker license as a firm under RSA 331-A shall
submit the following:
(1) A completed “Real Estate Commission Firm
Application” form, revised 9/2019;
(2) A current certificate for the firm name from
the New Hampshire secretary of state’s office; and
(3) If the applicant is a non-resident, a signed
irrevocable consent and power of attorney statement, as required by RSA
331-A:22, II.
(e)
All applicants for a broker license as a firm branch shall complete and
submit a “Firm Branch Application” form, revised 9/2019. If
the applicant is a non-resident, the applicant must sign an irrevocable consent
and power of attorney statement, as required by RSA 331-A:22, II.
(f)
Principal broker and managing broker applicants shall
submit to the commission a surety bond in the sum of $25,000 to run
concurrently with the dates of licensure, executed by the applicant and by a
surety company authorized to do business in the state of New Hampshire.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84;
amd by #4559, eff 12-28-88; Rea 301.01(a) EXPIRED: 9-19-90
New. #5569, eff 2-11-93, EXPIRED: 2-11-99
New. #7162, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7264, eff 5-6-00; amd by #7520, eff 6-28-01;
ss by #8832, eff 5-1-07; ss by #9301, eff 10-22-08, EXPIRED:
10-22-16
New. #12110, INTERIM, eff 2-22-17, EXPIRES:
8-21-17; ss by #12213, eff 6-18-17; ss by #12977-B, eff
1-23-20
Rea 301.02
Fees.
(a)
The applicant for each original individual, firm, or firm branch broker
license and renewal thereof shall pay a fee of $110.
(b) The applicant for each original
salesperson license and renewal thereof shall pay a fee of $90.
(c) The
broker, salesperson, firm, or firm branch shall pay a fee of $5 for each
duplicate license.
(d) The
broker, salesperson, firm, or firm branch shall pay a fee of $20 for each
license amendment form for Change of Managing Broker of Firm or Branch Office,
Change of Principal Broker of Firm or Trade Name, or Activation of an Inactive
License
(e)
The broker, salesperson, firm, or firm branch shall pay a fee of $5 for
each certificate of license and good standing.
(f) The applicant for each qualifying
examination shall pay a fee of $155 for a salesperson examination and
$170
for a broker examination.
(g) Any
individual or firm shall pay a fee of $25 or 5% of the face amount of the
check, whichever is greater, plus all protest and bank fees for each check,
draft or money order dishonored and returned to the commission pursuant to RSA
6:11-a.
(h) The
broker, salesperson, firm, or firm branch shall pay a late fee of $60, in
addition to the regular renewal fee, for renewal of a license up to 6 months
after license expiration.
(i)
Any broker or salesperson whose license has lapsed who has appeared
before the commission pursuant to a request under RSA 331-A:18, II, and who has
been granted reinstatement shall pay a lapsed fee of $200 for each four week
period or part thereof after the date of lapse.
Such fee shall be in addition to the regular renewal fee and late fee,
for reinstatement of a lapsed license after the license is deemed expired. The foregoing lapsed fee may be waived upon
good cause shown. Good cause shall include serious accident, illness, or other
circumstances beyond the control of the candidate.
(j)
Real estate course providers shall pay an evaluation fee of $100 each
time a course is submitted to the commission for accreditation or
reaccreditation.
(k)
Real estate applicants and licensees shall pay a fee of $10 for each
course submitted to the commission to be evaluated for pre-licensing education
credit or continuing education credit.
(l)
The fee for photocopies shall be $0.25 per page copied.
(m)
The fee per disc of recorded audio shall be $30.00.
(n)
The fee for roster lists shall be $25.00.
Source. #2130, eff 8-30-82; amd by #2375, eff 6-6-83;
ss by #2847, eff 9-19-84; ss by #3167, eff 12-31-85; ss by #4304, eff 8-21-87; ss
by #4631, eff 7-1-89
New. #5569, eff 2-11-93; amd by #6681, eff 2-3-98;
amd by #7162, INTERIM, eff 12-18-99, EXPIRED: 4-16-00
New. #7264, eff 5-6-00; ss by #7689, eff 6-1-02;
ss by #8010, eff 1-1-04; amd by #8832, eff 5-1-07; ss by #9301, eff 10-22-08;
ss by #9477, eff 7-1-09; ss by #10147, eff 8-1-12; amd by #12213, eff 6-18-17;
ss by #12977-B, eff 1-23-20
Rea 301.03 Filing Requirements.
(a) All
candidates for the real estate licensing examination shall file a completed
“New Hampshire Real Estate Examination Registration Form”, together with the
examination fee and the completed pre-licensing course affidavit if
applicable, in the office of the commission prior to scheduling a real estate
exam.
(b) The candidate shall supply on such registration
form the following:
(1) Legal name and
address of candidate registering to take the real estate licensing examination;
(2) Phone
number;
(3) Social security number, as
required by RSA 161-B:11, VI-a;
(4) Email
address;
(5) Date of birth;
(6) Gender;
(7) School code;
(8) Broker designation;
(9) Date of previous real
estate licensing examination taken in this state, if any;
(10) The test type being
requested, whether salesperson or broker;
(11) The test portion being
requested, whether state, national, or both; and
(12) Signature of
candidate, dated with the date the applicant signed the form.
(c) Candidates who apply for the broker
examination based on being licensed in another state for at least one calendar
year shall submit the name of each state in which the candidate is licensed,
the license number from each state, and a certificate of good standing from the
licensing authority of the state in which the person was licensed along with
the examination registration.
(d) No notice to schedule an examination shall be
mailed to any candidate unless and until a completed registration form,
completed pre-licensing course affidavit if applicable, certificate of good
standing if applicable, and examination fee have been received and accepted in
the office of the commission.
(e) All candidates shall take the examination
within 3 months from the date of receipt of the exam registration at the office
of the commission.
(f) Any candidate who fails to take the
examination within the 3-month period as required by Rea 301.03(e) shall be
required to submit a new registration and fee.
(g) Any candidate who fails to take the
examination within the 3-month period as required by Rea 301.03(e) due to good
cause under (2) below may request up to an additional 30 calendar days by:
(1) Filing with the commission
a written request for a waiver no later than the last business day prior to the
expiration of the 3-month period as required by Rea 301.03(e);
(2) Late filing shall be
justified by a showing of good cause. Good cause shall include serious
accident, illness, or other circumstances beyond the control of the candidate
which actually prevent the candidate from taking the examination; and
(3) Relevant supporting
documentation from the candidate’s physician or medical professional shall be
furnished to the commission when necessary for a fair and informed
determination by the commission or designee.
(h) Candidates for the broker or salesperson exam
shall attain a minimum score of 70.
(i) Candidates who apply for the broker
examination based on employment as a salesperson pursuant to RSA 331-A:10, II
shall submit the following in the application for licensure:
(1) Verification of dates of
employment as a salesperson by employing broker;
(2) Amount of time worked as a
salesperson as defined in RSA 331-A:2, X; and
(3) Notarized signature of
employing broker attesting that the information supplied on the “Broker
Application” referenced in Rea 301.01(a)(1) is true.
(j) Candidates who seek approval to take the
broker examination based on equivalent experience pursuant to RSA 331-A:10,
II(c) shall complete and submit an “Equivalent Experience Form to One Year’s
Service as a Licensed Salesperson”, revised June 2021.
(k) Candidates for the broker examination shall
show proof of completion of 60 hours of approved study, pursuant to RSA 331-A:10,
II, consisting of the following:
(1) A juris doctor degree from
an accredited law school obtained by a licensed attorney who actively practices
or practiced in real estate law within the last 5 years;
(2) One of the following
degrees within 5 years prior to the date of examination:
a. A bachelor’s degree with a
major in real estate from an accredited college, university, or institute of
higher learning;
b. A
bachelor’s degree from an accredited college, university, or institute of
higher learning, having completed coursework equivalent to a major in real
estate; or
c. An associate’s degree in
real estate from an accredited institution; or
(3) Successful completion of
the education requirements and receipt of the designation for at least one of
the following within 5 years prior to the date of examination:
a. Certified Commercial
Investment Member (CCIM); or
b. Graduate, Realtor Institute
(GRI).
(l)
The following items may be applied towards
the 60 hours of approved study:
(1) Real estate continuing
education courses previously approved by the commission for credit that have
been successfully completed within 24 months prior to the date of examination
may be submitted consisting of one or more of the following:
a. One 3 hour accredited core
course; and
b. Accredited elective courses;
(2) Evidence of successfully
completing 40 hours of accredited pre-licensing education may be submitted
consisting of the following:
a. New Hampshire accredited pre-licensing
education with a minimum of 32 hours of classroom attendance or real-time
internet live-class distance education pursuant to 2. below, or a combination
thereof, and no more than 8 hours of distance education which began within 6
months prior to the date of examination in compliance with the following:
1. Pre-licensing distance education that is not
real-time internet live-class shall only be allowed for acceptable absences,
including:
(i) Family emergencies;
(ii) Illnesses;
(iii) Technical issues during real-time internet
live-class; and
(iv) Other unforeseen circumstances;
2. Real-time internet live-class shall:
(i) Have live video and audio feeds of all
participants that will allow real time visualization, instructor, monitoring,
and communication among all participants;
(ii) Be equal to one credit hour for each hour of
real-time internet live-class for an attendee who was present by video and
audio throughout the hour(s); and
(iii) Allow the students to view a live video
stream of the instructor unless the instructor is presenting instructional
material through a shared screen presentation.
3.
All distance education, that is not a real-time internet live-class,
shall be provided through audio or visual recordings or correspondence delivery
with a final examination consisting of a minimum of 25 questions; and
4.
Pre-licensing distance education shall not exceed 2 classes; or
b. A minimum of 32 hours of classroom attendance
and no more than 8 hours of distance education which began within 6 months
prior to the date of examination consisting of 34 hours of accredited national
material completed in another state and a minimum of 6 hours of New Hampshire
accredited state material; or
(3)
Real estate related credit courses successfully completed within the
past 5 years at an accredited college, university, or institute of higher
learning, and evidenced by a transcript, may be submitted to the commission
for approval, including courses with topics such as, but not limited to:
a. Accounting;
b. Management;
c. Real estate law;
d. Finance;
e. Real estate investment;
f. Appraisal courses; and
g. Paralegal courses.
(m)
Each hour of the courses outlined in (l)(1) and (2), above, shall count
towards one hour of credit toward the required 60 hours. All 3- credit or more courses submitted and
approved under (l)(3) as real estate related education shall receive 12 credit
hours.
(n)
Schools or individuals may seek accreditation of education not included
in (k)(3) and (l)(1) through (3) above or (p) below by submitting the course
content outline, course materials, course hours, course accreditation fee, and
certificate of completion to the commission.
(o)
For purposes of (l)(2) above, proof of a pre-licensing course previously
used to fulfill the salesperson’s education requirement shall not be used to
fulfill the broker education requirement.
(p)
Candidates for the salesperson examination shall complete 40 hours of
approved study prior to the date of examination, pursuant to RSA 331-A:10, I.
(q)
Evidence of successfully completing 40 hours of accredited pre-licensing
education shall be submitted consisting of the following:
(1)
New Hampshire accredited pre-licensing course
with a minimum of 32 hours of classroom attendance or real-time internet live-class
distance education pursuant to a.1. below, or a combination thereof, and no
more than 8 hours of distance education which began within 6 months prior
to the date of examination in compliance with the following:
a. Real-time internet live-class shall:
1. Have live video and audio feeds of all
participants that will allow real time visualization, instructor monitoring,
and communication among all participants;
2. Be equal to one credit hour for each hour of
real-time internet live-class for an attendee who was present by video and
audio throughout the hour(s); and
3. Allow the students to view a live video
stream of the instructor unless the instructor is presenting instructional
material through a shared screen presentation.
b. Pre-licensing distance education, that is not
real-time internet live-class, shall only be allowed for acceptable absences,
including:
1. Family emergencies;
2. Illnesses;
3. Technical issues during real-time internet
live-class; and
4. Other unforeseen circumstances;
c. All distance education, that is not a
real-time internet live-class, shall be provided through audio or visual
recordings or correspondence delivery with a final examination consisting of a
minimum of 25 questions; and
d. Pre-licensing distance education, that is not
a real-time internet live-class, shall not exceed 2 classes; or
(2)
A minimum of 32 hours of classroom attendance and no more than 8 hours
of distance education which began within 6 months prior to the date
of examination consisting of 34 hours of accredited national material completed
in another state and a minimum of 6 hours of New Hampshire accredited state material.
(r) Candidates
who fail to satisfy the education requirement pursuant to RSA 331-A:10 prior to
the date of the examination shall re-take the exam in its entirety. This shall apply even if the candidate passes
a portion or all of the examination.
(s) Examination
candidates shall not send the application for license and license fee to the
commission until after they have received notification that they passed both
the uniform and state portions of the written examination, or passed the state
portion for reciprocal non-resident licensees.
(t) Real estate
applicants shall not complete the broker or salesperson application for a
license, including all notarized signatures, more than 30 days prior to
submission to the commission office.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84;
ss by #4304, eff 8-21-87; ss by #4559, eff 12-28-88; amd by #4713, eff
11-28-89; ss by #5569, eff 2-11-93, EXPIRED: 2-11-99
New. #7162, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7264, eff 5-6-00; ss by #7520, eff 6-28-01;
ss by #8832, eff 5-1-07; amd by #9301, eff 10-22-08; amd by #10147, eff 8-1-12;
paragraphs (a)-(f), (h), (i), (l), (n), (q), & (r) EXPIRED: 5-1-15; amd by
#11030, INTERIM RULE, eff 1-28-16, paras (a)-(f), (h), (i), (l), (n), (q),
& (r) EXPIRED: 7-26-16, paras (g), (k), (o) (p), & (s) EXPIRED:
10-22-16; ss by #12213, eff 6-18-17; ss by #12977-B, eff 1-23-20; ss by #13240,
eff 7-21-21
Rea 301.04 Dishonored Checks, Drafts or Money Orders.
(a)
No candidate for the real estate licensing examination shall be
permitted to take the test for which he or she is registered if the commission
is notified that the check, draft, or money order used to pay the examination
fee has been dishonored. Such candidate
shall be required to wait until the prescribed fee for his or her dishonored
check, draft, or money order accompanies the new registration form and examination
fee.
(b)
Any applicant or licensee who has paid a fee or fine to the commission
with a check, draft or money order that has subsequently been dishonored, shall
within 14 days after receiving notice from the commission that said check,
draft or money order has been dishonored, remit to the commission the required
original or renewal fee plus the fee prescribed by Rea 301.02(g) for a
dishonored check, draft or money order.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84;
ss by #4304, eff 8-21-87; ss by #5073, eff 2-21-91; ss by #5569, eff 2-11-93,
EXPIRED: 2-11-99
New. #7162, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7264, eff 5-6-00; ss by #8832, eff 5-1-07;
amd by #10147, eff 8-1-12; para. (a) EXPIRED: 5-1-15; amd by #11030, INTERIM
RULE, eff 1-28-16, para. (a) EXPIRED: 7-26-16; ss by #12213, eff 6-18-17
Rea 301.05 Computerized
Lists Distribution. A
computerized list of licensees who have agreed to share their name, business or
personal email, and business or personal mailing address shall be furnished
upon request. The fee shall be pursuant
to Rea 301.02.
Source. #12213, eff 6-18-17
PART Rea 302 QUALIFICATIONS
Rea 302.01 Programs of Study Accreditation and
Re-accreditation.
(a)
Any individual applying for accreditation or any firm applying for
accreditation to instruct a real estate pre-licensing or continuing education
course shall submit to the commission documents substantiating the applicant’s
qualifications to instruct such course, including, but not limited to (b), (c),
and (d) below. If the commission or its
designee has any questions or needs further information prior to approving or
denying the accreditation, it shall schedule the applicant to appear before the
commission or its designee to address such questions or provide such
information.
(b)
All individuals applying for accreditation as a pre-licensing education
instructor shall demonstrate the following:
(1) Brokerage experience qualifications or other
qualifications found by the commission to be equivalent to an active license
with a minimum of 3 years of on-going experience in real estate brokerage in
New Hampshire; and
(2) Teaching experience qualifications or other
qualifications found by the commission to be equivalent to the following:
a. Documentation of at least 72 hours of
teaching, speaking or presentation experience; or
b. Demonstration of teaching, speaking or
presentation skills, such as, but not limited to a one hour unedited video or
DVD recording which depicts the applicant teaching pre-licensing material that
includes New Hampshire state-specific material; and
(3) Demonstration of subject
matter knowledge before the commission as necessary to substantiate the
qualifications or information submitted, pursuant to Rea 302.01(a).
(c)
All individuals applying for accreditation as a core continuing
education instructor shall demonstrate the following:
(1) Brokerage experience qualifications or other
qualifications found by the commission to be equivalent to an active license
with a minimum of 3 years of on-going experience in real estate brokerage in
New Hampshire within 3 years of the date of application; and
(2) Teaching experience qualifications or other
qualifications found by the commission to be equivalent to the following:
a. Documentation of at least 72 hours of
teaching, speaking, or presentation experience; or
b. Demonstration of teaching, speaking or presentation
skills, such as, but not limited to a one hour unedited video or DVD recording
which depicts the applicant teaching New Hampshire core course material; and
(3) Demonstration of subject matter knowledge
before the commission as necessary to substantiate the qualifications or
information submitted, pursuant to Rea 302.01(a).
(d)
All individuals applying for accreditation as an elective continuing
education instructor shall demonstrate the following:
(1) Experience qualifications or other qualifications
found by the commission to be equivalent to one of the following:
a. A degree from an accredited institution with
a major related to the subject matter of the course within 3 years prior to the
date of application;
b. A certification from an accredited
institution related to the subject matter of the course within 3 years prior to
the date of application; or
c. Two years of on-going work experience or
teaching experience or a combination of both within the previous 3 years
of the date of application that is
related to the subject matter of the course; and
(2) Either of the following:
a. Documentation of at least 15 hours of
teaching, speaking or presentation experience or other qualifications found by
the commission to be equivalent; or
b. Demonstration of teaching, speaking or
presentation skills, such as, but not limited to a one hour unedited video or
DVD recording which depicts the applicant teaching material on the subject
matter of the course.
(e)
All individuals or firms shall apply for re-accreditation of
pre-licensing, core, and elective continuing education courses within 2 years
from the date of original accreditation or re-accreditation.
(f)
All accredited individuals, institutions or organizations shall submit
notice of any substantive changes to accredited courses to the commission
during the 2- year accreditation or reaccreditation period.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84,
EXPIRED: 9-19-90
New. #5570, eff 2-11-93, EXPIRED: 2-11-99
New. #7162, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7264, eff 5-6-00; ss by #7520, eff 6-28-01;
ss by #9491, INTERIM, eff 6-28-09, EXPIRES: 12-28-09; ss by #9518, eff 7-24-09;
ss by #12213, eff 6-18-17
Rea 302.02 Course Outline.
(a) Applicants for accreditation and
re-accreditation of a pre-licensing course shall submit an outline showing 40
course hours to be taught, on subject areas approved by the commission, including
but not limited to:
(1) New Hampshire RSA 331-A;
(2) New Hampshire
Administrative Rules Chapters Rea 100-700;
(3) New Hampshire real estate
practices relating to:
a. Human rights;
b. Environmental issues;
c. Condominium Act, RSA 356-B;
d. Planning and zoning;
e. Wetlands;
f. Taxation;
g. Manufactured housing;
h. Property management, tenant
and landlord practices;
i. Recordation; and
j. Descent and distribution;
(4) Listing property,
including:
a. Listing;
b. Assessment of property
value; and
c. Services to the seller;
(5) Selling property,
including:
a. Services to the buyer; and
b. Advising buyers of outside
services;
(6) Property management,
including:
a. Leasing, and;
b. Management;
(7) Settlement or transfer of
ownership, including:
a. Tax issues;
b. Titles;
c. Settlement procedures; and
d. Completion of the
transaction;
(8) Financing, including:
a. Sources of financing;
b. Types of loans;
c. Terms and conditions; and
d. Common clauses and terms in
mortgage instruments; and
(9) Professional
responsibilities, fair practices, and administration.
Source. #5570, eff 2-11-93, EXPIRED: 2-11-99
New. #7162, INTERIM, eff 12-18-99, EXPIRED: 4-16-00
New. #7264, eff 5-6-00; ss by #8832, eff 5-1-07,
EXPIRED: 5-1-15
New. #11030, INTERIM RULE, eff 1-28-16, EXPIRED:
7-26-16
New. 12213, eff 6-18-17
Rea 302.03 Required Post-Licensing Continuing Education
Course Learning Objectives.
(a)
A post-licensing course shall meet or exceed the commission’s learning
objectives in one of the following 4 required course topics:
(1) Purchase and Sales (P&S) agreements;
(2) Ethical behavior;
(3) Disclosure forms; or
(4) Agency.
(b)
Courses for each of the 4 required topics shall:
(1) Be accredited for a minimum of 2 hours and no
more than 3 hours each;
(2) Meet or exceed the commission’s learning
objectives for that course; and
(3) Be taught either in-class or by internet
live-class, pursuant to the following:
a. Real-time internet live-class shall:
1. Have live video and audio feeds of all
participants that will allow real time visualization, instructor monitoring,
and communication among all participants;
2. Be equal to one credit hour for each hour of
real-time internet live-class for an attendee who was present by video and
audio throughout the hour(s); and
3. Allow the students to view a live video
stream of the instructor unless the instructor is presenting instructional
material through a shared screen presentation.
(c)
Applicants for accreditation and re-accreditation of a required
post-licensing course in one of the 4 following topics shall submit a course
outline and required supporting course documentation:
(1) For P&S agreements including but not
limited to:
a. A comprehensive review of a sample of an
acceptable P&S agreement;
b. Establishing a minimal knowledge and
competence in the preparation of a P&S agreement;
c. Achieving a basic understanding of the
process of filling out a P&S agreement;
d. Achieving an understanding of the various
paragraphs and clauses of a P&S agreement;
e. Achieving an understanding of the roles and
relationships of the licensee(s) involved in the preparation of a P&S agreement; and
f. Understanding the dangers of the unauthorized
practice of law;
(2) For disclosures including but not limited to:
a. Achieving a basic knowledge and understanding
of the many mandatory disclosure requirements under New Hampshire and federal
statutes;
b. Achieving a basic understanding of the
voluntary disclosures that deal with other issues related to New Hampshire laws
and rules;
c. Achieving a basic understanding of New
Hampshire laws and federal statutes related specifically to material condition
of real property; and
d. Achieving a basic understanding of the
various forms required and or used to document written disclosures;
(3) For agency including but not limited to:
a. Achieving a broad understanding of the
various roles and relationships available for New Hampshire real estate firms
to select as business models;
b. Helping licensees establish a working
knowledge of the duties and obligations inherent in representing or working
with clients and customers;
c. Familiarizing licensees with the various
forms used, and disclosure requirements involved, in the practice of agency in
New Hampshire; and
d. Helping licensees understand the specific
role of facilitator in New Hampshire and the limitations that apply; and
(4) For ethical behavior including but not
limited to:
a. Introducing and developing the concept of
ethical behavior generally in society and especially in professional business
practice;
b. Exploring the value of ethical behavior in
business practice to achieve an understanding of how that level of
professionalism benefits both the consumer and the professional;
c. Reviewing the most basic requirements of New
Hampshire law as the legal foundation for brokerage practice in New Hampshire;
d. Using the current National Association of
Realtors ® (NAR) Code of Ethics as an example of a long established Code of
Ethics to provide the students with a better understanding of:
1. Similarities between New Hampshire license
law and the NAR Code of Ethics;
2. Differences between New Hampshire license law
and the NAR Code of Ethics to establish the value of practicing at a higher
level than the minimal standards of license law; and
3. Conflicts between the NAR Code of Ethics and
New Hampshire law or rules.
e. Using the NAR Code of Ethics as an example to
demonstrate how ethics and law evolve and intersect over time to reflect
societal and market changes;
f. Reviewing and comparing the enforcement
process for both license law and ethics;
g. Using the NAR Code of Ethics as an example to
point out recent changes designed to adapt to professional, societal, and
market changes; and
h. Establish that the commission frequently
requires licensees found in violation of its regulations to take an ethics
class to improve those licensees’ understanding of professional conduct.
Source. ##12977-B, eff 1-23-20; ss by #13240, eff
7-21-21
PART Rea 303 EXAMINATIONS
Rea 303.01 Examination Schedule. Examinations for broker and salesperson
candidates shall be scheduled a minimum of 4 times a year.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84;
ss by #4559, eff 12-28-88; ss by #4713, eff 11-28-89; ss by #5571, eff 2-11-93,
EXPIRED: 2-11-99
New. #7162, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #8832, eff 5-1-07; ss by #10147, eff 8-1-12
Rea 303.02 Examination Response Records. All records of candidate examination
responses shall remain the property of the commission and shall be maintained
for at least one year from the date of examination.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84,
EXPIRED: 9-19-90
New. #5571, eff 2-11-93, EXPIRED: 2-11-99
New. #7162, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7264, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9301, eff
10-22-08, EXPIRED: 10-22-16
New. #12067, INTERIM, eff 12-21-16, EXPIRES:
6-19-17; ss by #12213, eff 6-18-17
Rea 303.03 Examination Failure. Candidates for the broker or salesperson
examination who took the examination and are notified that they did not receive
a passing grade for part or all of the examination shall submit a new
examination fee and the original failing score report(s) if they desire to be
rescheduled.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84;
ss by #4559, eff 12-28-88; ss by #4713, eff 11-28-89; ss by #5571, eff 2-11-93,
EXPIRED: 2-11-99
New. #7162, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7264, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9301, eff
10-22-08, EXPIRED: 10-22-16
New. #12067, INTERIM, eff 12-21-16, EXPIRES:
6-19-17; ss by #12213, eff 6-18-17
Rea 303.04 Failure to Attend Examination. Any candidate who fails to attend an
examination for which they are scheduled shall be required to submit a new
examination fee and registration form if they desire to be rescheduled.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84;
ss by #4559, eff 12-28-88; ss by #5571, eff 2-11-93, EXPIRED:
2-11-99
New. #7162, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7264, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9301, eff
10-22-08, EXPIRED: 10-22-16
New. #12067, INTERIM, eff 12-21-16, EXPIRES:
6-19-17; ss by #12213, eff 6-18-17
Rea 303.05 Partial Examinations.
(a)
Candidates for the broker and salesperson examination who took the
examination and are notified by the testing service that they received a
passing grade for only one portion, either the uniform portion or the state
portion, of the examination, shall not be required to re-take the portion of the
examination which they passed. Such
candidates shall submit a new examination fee and the original passing and
failing score report(s) if they desire to be rescheduled to take only the
portion of the examination which they failed.
(b)
A minimum passing grade of 70 for both the uniform and state portions of
the examination shall be obtained within a 6- month period from the date of the
original examination in order to qualify for licensing as a real estate
salesperson or broker. Candidates who
fail to attain a passing grade on both portions of the examination within a 6
-month period from the date of the original examination or after 8 examinations
shall be required to complete an accredited pre-licensing course in addition to
any pre-licensing course previously submitted to take the original examination
and re-take the examination in its entirety.
Source. #4713, eff 11-28-89; ss by #5571, eff
2-11-93, EXPIRED: 2-11-99
New. #7162, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7264, eff 5-6-00; amd by #8832, eff 5-1-07;
amd by #9202, INTERIM, eff 7-16-08; ss by #9301, eff 10-22-08, EXPIRED:
10-22-16
New. #12067, INTERIM, eff 12-21-16, EXPIRES:
6-19-17; ss by #12213, eff 6-18-17
PART Rea 304 RECIPROCITY
Rea 304.01 Reciprocity for Licensure. Reciprocity requirements regarding licensing
shall be as specified in Rea 301.03(c).
Source. #7264, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9301, eff
10-22-08, EXPIRED: 10-22-16
New. #12067, INTERIM, eff 12-21-16, EXPIRES:
6-19-17; ss by #12213, eff 6-18-17
Rea 304.02 - REPEALED
Source. #7264, eff 5-6-00; ss by #7520, eff 6-28-01;
rpld by #8832, eff 5-1-07
PART Rea 305 LICENSES
Rea 305.01 Foreign Corporation.
(a)
A corporation organized under the laws of another state shall be
registered with the New Hampshire secretary of state pursuant to RSA 293-A in
order to do business in New Hampshire.
(b)
A completed “Firm Application” form, effective June 2017, shall be filed
with the commission by the principal broker in order to have its New Hampshire
real estate license issued in its corporate name.
(c)
“Firm Application” forms shall contain the notarized signature of the
principal broker and power of attorney.
(d)
The principal broker shall supply a current certificate from the NH
secretary of state for the registered corporation, along with the completed
“Firm Application” form described in (b) above.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84,
EXPIRED: 9-19-90
New. #5572, eff 2-11-93; amd by #6682, eff 2-3-98;
amd by #7162, INTERIM, eff 12-18-99, EXPIRED: 4-16-00
New. #7264, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9301, eff
10-22-08, EXPIRED: 10-22-16
New. #12067, INTERIM, eff 12-21-16, EXPIRES:
6-19-17; ss by #12213, eff 6-18-17
Rea 305.02 Firms.
An individual or firm requesting a license or license amendment showing
a trade name or firm name, shall submit with each original and renewal
application, a certificate of filing, as required by the New Hampshire
secretary of state, of required documents before the commission shall issue
such license.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84,
EXPIRED: 9-19-90
New. #5572, eff 2-11-93, EXPIRED: 2-11-99
New. #7162, INTERIM, eff 12-18-99, EXPIRED: 4-16-00
New. #7264, eff 5-6-00; ss by #7520, eff 6-28-01;
ss by #9301, eff 10-22-08, EXPIRED: 10-22-16
New. #12067, INTERIM, eff 12-21-16, EXPIRES:
6-19-17; ss by #12213, eff 6-18-17
Rea 305.03 Form of License Certificates and Cards.
(a)
Upon receiving the completed license application, the required fee, and
evidence that the license applicant has met all other requirements and
qualifications for licensure, the commission shall issue an appropriate license
and card.
(b)
Licenses and cards issued shall contain in part or whole the following
information:
(1) Whether the license is a broker, salesperson,
firm, or firm branch license;
(2) The name, trade name, or both, city, and
state of the broker, salesperson, firm, or firm branch;
(3) The principal broker of the salesperson,
associate broker, or firm license;
(4) The managing broker of the firm branch
license;
(5) The beginning date and expiration date of the
license;
(6) The effective date of the license; and
(7) The license number as issued by the
commission.
Source. #6683, eff 2-3-98; ss by #7264, eff 5-6-00,
EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9301, eff
10-22-08, EXPIRED: 10-22-16
New. #12067, INTERIM, eff 12-21-16, EXPIRES:
6-19-17; ss by #12213, eff 6-18-17
Rea 305.04 Placement of License Certificates.
(a)
In situations where wall display of license certificates is not desired,
the certificate of each licensed firm, principal broker and those of all
licensed brokers and salespersons working through that principal broker may
instead be prominently displayed in a public area in a manner offering easy
visibility and accessibility to any client, customer, or a member of the public
wishing to examine them.
(b)
In the case of a firm branch office, the firm branch, managing broker,
and those of all licensed brokers and salespersons working through that
managing broker shall display license certificates in accordance with (a)
above.
Source. #7264, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9301, eff
10-22-08, EXPIRED: 10-22-16
New. #12067, INTERIM, eff 12-21-16, EXPIRES:
6-19-17; ss by #12213, eff 6-18-17
Rea 305.05 Letter of Good Standing.
(a) A completed “Letter
of Good Standing” form, revised 9/2019, shall be submitted with the appropriate
fee to the real estate commission.
(b) Upon receiving the completed form and the
required fee, the commission shall issue an appropriate letter.
(c) Letters issued shall contain in part or whole
the following information regarding the licensee:
(1) Name;
(2) Home address;
(3) Real estate license number;
(4) Whether the
licensee is a broker or salesperson;
(5) Date the broker or salesperson license was issued;
(6) Date the license is due to expire;
(7) Whether the license was obtained by examination;
(8) The license expiration date; and
(9) Whether or not there is any disciplinary action filed against the licensee.
Source. #12977-B, eff 1-23-20
CHAPTER Rea
400 CONTINUED STATUS
Rea
401.01 Renewals of License.
(a) Applicants for renewal of a broker’s license
shall complete and submit a “Real Estate Commission Broker Renewal Form”, revised 7/2022, and include the
following:
(1) The fee pursuant to Rea 301.02;
(2) If the applicant answered “yes” to the
question “Have you, since your last original or renewal application been
convicted of a felony or misdemeanor offense that has not been annulled by a
court?” provide the board with a thorough explanation of the circumstances
surrounding each incident including the name of the court, the details of the
offense, the date of the conviction, and the sentence imposed;
(3)
If the applicant answered “yes” to question “Have any licenses, which you have held been subject to disciplinary
action in any state since your last original or renewal application?” attach a
letter of explanation disclosing which jurisdiction(s), details of the offense(s),
and details of the disciplinary action(s);
(4)
If the applicant answered “yes” to question “Have you provided services
as a broker in the State of NH since your NH license ceased to be valid” attach
a detailed explanation including dates services were provided;
(5) For all broker applicants, the applicant’s attestation after the following statement:
“I have read and understand the provisions of New Hampshire revised
statutes RSA 331-A and the New Hampshire Real Estate administrative rules, Rea
100 through 700. I attest that the
information contained in this form is true and correct to the best of my knowledge and belief and I further acknowledge that the provision of materially
false information in the application knowingly provided is a basis for denial
and if it is discovered after the license is issued, is a basis for
disciplinary action by the commission.”
(6) If the applicant is a principal broker, the
applicant’s signature after the following certification:
“As a principal
broker, pursuant to RSA 331-A:13, V, I hereby give permission to the Real
Estate Commission to audit the escrow account or accounts. I attest that I have read the forgoing
statement and affixed my signature below:”
(7) If the applicant is a principal broker or managing broker, a copy of a surety bond in the
sum of not less than $25,000 to run concurrently with the dates of licensure,
executed by the applicant and by a surety company authorized to do business in
the state of New Hampshire.
(b)
Applicants seeking renewal as an associate broker or managing broker
under (a) above or as a salesperson under (c) below shall have their principal
broker complete and submit the appropriate sections of the “Real Estate Commission
Salesperson, Associate Broker, and Managing Broker Affiliation Form” revised
7/2022, indicated by principal broker’s signature after the following statement:
“Upon receipt of the license herein applied for, the
above named applicant will be employed by me or will otherwise be under contract with me to perform services as
a real estate licensee, and will work under my supervision. I will display the salesperson, associate
broker, or managing broker’s license prominently at my place of business, and
when the salesperson, associate broker, or managing broker’s leaves my employ I
will notify the New Hampshire Real Estate Commission within 5 days, as required
by RSA 331-A:17, IV.”
(c) Applicants for renewal of a salesperson’s
license shall complete and submit a “Real Estate Commission Salesperson Renewal
Form” revised 7/2022 and include the following:
(1) The fee pursuant to Rea 301.02;
(2)
If the applicant answered “yes” to the question “Have you, since your last original or renewal application, been
convicted of a felony or misdemeanor offense that has not been annulled by a
court?” the applicant shall provide the commission with a detailed explanation
of the circumstances surrounding each incident including the name of the court(s),
the details of the offense(s), the date of conviction(s), and the sentence(s)
imposed;
(3)
If the applicant answered “yes” to the question “Have any licenses, which you have held, been subject to disciplinary
action in any state since your last original or renewal application?” the
applicant shall attach a letter of explanation disclosing which
jurisdiction(s), details of offense(s), and details of disciplinary action(s);
(4)
If the applicant answered “yes” to the question “Have you provided services as a salesperson in the State of NH since
your NH license ceased to be valid?” attached a detailed explanation including
dates services were provided;
(5) The applicant’s attestation after the following statement:
“I have read and understand the provisions of New Hampshire revised
statutes, RSA 331-A and the Real Estate Commission administrative rules, Rea
100 through 700. I attest that the
information contained in this form is true and correct to the best of my knowledge and belief
and I further acknowledge that the provision of materially false information in
the application knowingly provided is a basis for denial and if it is
discovered after the license is issued, is a basis for disciplinary action by
the Commission.”
(6) The principal broker shall
sign and date below the following attestation:
“Upon receipt of the license herein applied for, the
above named applicant will be employed by me or will otherwise be under
contract with me to perform services as a real estate licensee, and will work
under my supervision. I will display the
salesperson’s license prominently at my place of business, and when the
salesperson leaves my employ I will notify the New Hampshire Real Estate
Commission within 5 days, as required by RSA 331-A:17.”
(d)
The forms described in (a) and (b) above may be accessed at http://www.app-support.nh.gov/licensing.
(e) All broker and salesperson renewal applicants
shall complete continuing education requirements pursuant to Rea 403.01.
(f) All licensees applying to have their license renewed
shall submit a continuing education certificate pursuant to RSA 331-A:19,
containing the following:
(1) Name, address, license number, and signature
of renewal applicant;
(2) Name and location of continuing education
program;
(3) Date and number of credit hours obtained; and
(4) Name of program instructor.
(g) All principal broker and managing broker
renewal applicants shall submit to the commission a surety bond in the sum of not
less than $25,000 to run concurrently with the dates of licensure, executed by
the applicant and by a surety company authorized to do business in the state of
New Hampshire.
(h) All applicants for renewal of a broker
license as a firm shall complete and submit a “Real Estate Commission Firm
Renewal Form”, revised 7/2022, and include
the fee required pursuant to Rea 301.02 and the firm’s certificate of good
standing from the secretary of state. If
the applicant is a non-resident, the applicant shall include a signed “Real
Estate Commission Irrevocable Uniform Consent to Service of Process” dated 7/2022,
as required by RSA 331-A:22, II and sign the form after the following statement:
“The undersigned
applicant for licensure as a broker, salesperson or broker firm in New
Hampshire (Print Name of Person or Brokerage Firm) does hereby irrevocably consent, stipulate and agree that suits, actions and
administrative
proceedings may be commenced against such applicant in the courts and agencies
of this State, by the service of any process authorized by the laws of
this State on the Executive Director of the New Hampshire Office of Professional
Licensure and Certification and that service of such process upon said
Executive Director shall be taken and held in all courts to be as valid and
binding as if the service had been made upon said applicant in the State of New
Hampshire.
I,
(Name of Applicant – individual, entity, or Brokerage firm), am authorized to
act on behalf of the Applicant, (if an
entity or brokerage firm), and
agree that notice of service of process on the Executive Director of the New
Hampshire Office of Professional Licensing & Certification (“OPLC”), shall
be sent to, (check one), me as the Applicant -OR- (name of person responsible
for service upon the entity or Brokerage firm) at the current address and/or
email address on file with the OPLC.”
(i) All applicants for renewal of a broker
license as a firm branch shall complete and submit a “Real Estate Commission Firm
Branch Renewal Form”, revised 7/2022 and include the fee required pursuant to
Rea 301.02 and the firm’s certificate of good standing from the secretary of
state. If the applicant is a
non-resident, the applicant must include on the application a signed “Real
Estate Commission Irrevocable Uniform Consent to Service of Process” dated 7/2022,
as required by RSA 331-A:22, II.
Source. #2130, eff 8-30-82; amd by #2474, eff
9-12-83; ss by #2847, eff 9-19-84, EXPIRED: 9-19-90
New. #5573, eff 2-11-93; amd by #6718, eff
3-24-98; amd by #7163, INTERIM, eff 12-18-99, EXPIRED: 4-16-00
New. #7265, eff 5-6-00; ss by #7521, eff 6-28-01;
ss by #9301, eff 10-22-08, EXPIRED: 10-22-16
New. #12067, INTERIM, eff 12-21-16, EXPIRES:
6-19-17; ss by #12213, eff 6-18-17; ss by #12977-B, eff 1-23-20; ss by #13464,
eff 12-17-22
Rea 401.02 Renewals of Late or Lapsed License.
(a)
All broker and salesperson renewal applicants who submit a completed renewal form up to 6 months
after expiration shall be considered late and shall;
(1) Pay the regular renewal fee described in Rea
301.02 and:
(2) Provide copies of certificates showing
completion of 9 hours of continuing education courses accredited by the
commission pursuant to Rea 302, in addition to the credits claimed for renewal. The credit hours used towards late renewal
shall not be used on any future renewals or used as credits towards future
licenses.
(b)
All broker and salesperson renewal applicants who submit a renewal form
after 6 months from expiration, but before 12 months from expiration, shall be
considered lapsed and:
(1) Submit a renewal form
described in Rea 401.01, renewal fee described in Rea 301.02, and all required
documents;
(2) Provide a certificate of completion of a 40
hour pre licensing course described in Rea 302.04(g);
(3) Submit a written document explaining why the
applicant believes the period of time for lapse and the good cause meets the
requirements of RSA 331-A:18, II. For
purposes of this section, good cause shall include
serious accident, illness, or other circumstances beyond the control of the
applicant;
and
(4) The commission or designee shall
grant the request to renew a lapsed license if the licensee meets the
requirements of RSA 331-A:18, II.
(c)
All broker and salesperson renewal applicants who submit a renewal form 12
months or later from expiration shall be considered an original applicant and shall
be required to complete all education, examination, and application
requirements pursuant to Rea 301.01 and Rea 301.03.
Source. #12977-B, eff 1-23-20;
ss by #13464, eff 12-17-22
PART Rea 402 RESERVED
Source. #7265, eff 5-6-00; rpld by #7521, eff 6-28-01
PART Rea 403 CONTINUING EDUCATION
Rea 403.01 Continuing Education Requirements.
(a) All active and inactive renewal applicants
shall complete a minimum 3-hour continuing education core course that has been
accredited by the commission pursuant to Rea 302.01.
(b) All renewal applicants whose licenses are on
active status, and inactive licensees who are applying to have their licenses
placed on active status, shall complete an additional 12 hours of continuing
education elective courses accredited by the commission pursuant to Rea 302.01.
(c) A salesperson renewal applicant as defined in
Rea 403.01(b), who is applying for their first renewal or amending an inactive
license to an active status for the first time, shall complete post-licensing
continuing education courses as designated by the commission to meet the
applicant’s 12 hours of continuing education elective courses in addition to
the core course.
(d) The 12 hours of post-licensing continuing
education in Rea 403.01(b) shall consist of accredited courses from one each of
four approved post-licensing course topics and may include one or more
additional accredited courses from approved optional post-licensing course
topics.
(e) An additional 3-hour core course may be
submitted as elective course hours to fulfill the requirement of (b) above by
renewal applicants whose licenses are on active status and not applying for
their first renewal, and inactive licensees who are applying to have their
licenses placed on active status.
(f) All applicants, when submitting an
application for renewal of a broker or salesperson license prior to the
expiration date of the license, shall have completed the continuing education
required in (a) and (b) above within the current 2-year license period.
(g) All courses submitted to fulfill the
requirements of (a) through (e) above shall have different course numbers.
(h) All applicants, when submitting an
application for renewal of a broker or salesperson license after the expiration
date of the license, shall have completed the continuing education required in
(a) and (b) above within the prior 2-year license period, but no later than the
late renewal period allowed under RSA 331-A:18.
Source. #7265, eff 5-6-00; ss by #7521, eff 6-28-01;
ss by #9301, eff 10-22-08, EXPIRED: 10-22-16
New. #12067, INTERIM, eff 12-21-16, EXPIRES:
6-19-17; ss by #12213, eff 6-18-17; ss by #12977-B, eff 1-23-20; ss by #13464, eff 12-17
Rea 403.02 Continuing Education Documentation and
Audits.
(a) All active and inactive renewal applicants
shall retain verification records for a period of at least 4 years.
(b) Continuing education documentation shall be
made available to the commission for random audit and verification purposes.
(c) Documentation shall support continuing
education hours claimed.
(d) Failure to provide documentation for audit
verification shall result in disciplinary action pursuant to Rea 200.
(e) Not less than 5% of the licensees shall be randomly selected each year by the
commission for compliance with the continuing education requirements outlined
in Rea 403.01 and (a) through (d) above.
Source. #12213, eff 6-18-17; ss by #12977-B, eff
1-23-20; ss by #13464, eff 12-17
PART Rea 404 ONGOING REQUIREMENTS
Rea 404.01 Sign on Office. A broker’s business sign to identify her or
his business office shall be displayed outside her or his real estate office,
providing that such a sign is permitted by local zoning ordinances.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84,
EXPIRED: 9-19-90
New. #5573, eff 2-11-93, EXPIRED: 2-11-99
New. #7163, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7265, eff 5-6-00; ss by #7521, eff 6-28-01;
ss by #9301, eff 10-22-08, EXPIRED: 10-22-16
New. #12067, INTERIM, eff 12-21-16, EXPIRES:
6-19-17; ss by #12213, eff 6-18-17
Rea 404.02 Amendments.
(a)
Each licensee and firm shall at all times keep the commission informed
of the licensee’s or firm’s current resident address, mailing address, email
address, contact phone number(s), work location address, legal name, or trade
names.
(b)
Any such changes in the information listed in (a) above shall be
reported, in writing or electronically, to the commission no later than 10 days
after the change by:
(1) Submitting changes to their residential
address, personal phone number, or email address, by logging into the
commission’s online portal and entering the updated information;
(2) Submitting a “Real
Estate Commission Transfer/Activation Form”, revised 7/2022, along with the following:
a. A completed
“Real Estate Commision Transfer/Activation Form” shall be submitted and include
the following:
1. The fee
pursuant to Rea 301.02;
2. 12 hours
of elective education, if applicable;
3. For principal and managing brokers evidence of
not less than a $25,000.00 surety bond; and
4. If the principal broker is changing include the
original wall license with the “Real Estate Commission Deactivation of an
Active License Form” revised 7/2022.
b. A statement
followed by the principal broker’s signature:
“Upon receipt of the license herein applied for, the
above named applicant will be employed by me or will otherwise be under
contract with me to perform services as a real estate licensee and will work under my supervision. I will display broker or salespersons license
prominently at my place of business, and when the broker or salesperson leaves my employ I will notify the New
Hampshire Real Estate Commission within 5 days, as required by RSA 331-A:17, IV.”
(3) The principal broker submitting a “Real Estate
Commission Change of Managing Broker of Branch Office Form,” revised 7/2022 shall
submit the following with the form:
a. The original firm wall license;
b. An amendment fee in the amount of $20.00; and
c. The original wall license and pocket card of
both the old and new managing broker. If
the wall license or pocket card is not available, the individual shall submit
an explanation as to its unavailability;
(4)
Individuals submitting the “Real Estate
Commission Change of Principal Broker of Firm, Firm Branch, or Trade Name,”
revised 7/2022 shall submit the following with the form:
a. The original firm wall license;
b. An amendment fee in the amount of $20.00; and
c. The original wall license and pocket card of
both the old and new managing broker. If
the wall license or pocket card is not available, the principal brokers shall submit an explanation as to its
unavailability;
(5) Principal brokers submitting the
“Real Estate Commission Deactivation of an Active License Form” revised 7/2022
shall submit with the form the licensee’s
original wall license and pocket card.
If the wall license or pocket card is not available, the principal broker shall submit an
explanation as to its unavailability. If
the licensee gives the principal broker permission the principal broker shall
check the box next to the statement “I am
giving my permission for my personal address and email to be released as part
of public records request.”;
(6)
Individuals submitting the “Real Estate
Commission Change of Broker Status Form” revised 7/2022 shall submit the
following along with the form:
a. If there is a change from a broker license
type to another, the individual’s wall license and pocket card;
b.
For principal and managing brokers,
proof of a surety bond in the sum of not less than $25,000
to run concurrently with the dates of licensure, executed by the individual and
by a surety company authorized to do business in the state of New Hampshire; and
c. The “Real Estate Commission
Transfer/Activation Form” revised 7/2022.
(c)
Whenever a salesperson, associate broker, or managing broker changes their
affiliation from one principal broker to another, or ceases to represent a
principal broker, the principal broker shall notify the commission, in writing,
no later than 5 business days
after the change along with the appropriate form described in (b) above.
(d) The fee described in Rea 301.02(c) shall be
submitted for any changes listed in (a) through (c) above that require the
salesperson, broker, firm, or firm branch license to be amended.
(e) Should a broker or salesperson change their
status to nonresident broker or salesperson, she or he shall file an “Real
Estate Commission Irrevocable Uniform Consent to Service of Process” dated 5/2022
authorizing the commission to act as specified in RSA 331-A:22.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84,
EXPIRED: 9-19-90
New. #5075, eff 2-21-91; ss by #5573, eff 2-11-93,
EXPIRED: 2-11-99
New. #7163, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7265, eff 5-6-00; EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9301, eff
10-22-08, EXPIRED: 10-22-16
New. #12067, INTERIM, eff 12-21-16, EXPIRES:
6-19-17; ss by #12213, eff 6-18-17; ss by #12977-B, eff 1-23-20; ss by #13464,
eff 12-17
Rea 404.03 Copies of Written
Instruments.
(a)
Licensees shall, after execution by all parties, deliver the original or
photocopy or electronic transmission of any instruments to any party or parties
executing the same without delay when:
(1) Such instrument has been prepared by such
licensee under the supervision of the principal broker;
(2) Such instrument relates to the employment of
the licensee;
(3) Such instrument pertains to the consummation
of a lease, purchase, sale, or exchange of real property; or
(4) Such instrument pertains to any other type of
real estate transaction in which a licensee participates.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84,
EXPIRED: 9-19-90; ss and moved by #5076, eff 2-21-91 (See Rea 702); ss and
moved by #5573, eff 2-11-93 (From Rea 404.04), EXPIRED: 2-11-99
New. #7163, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7265, eff 5-6-00; EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9301, eff
10-22-08; ss by #10148, eff 6-20-12; ss by #12213,
eff 6-18-17
Rea 404.04
Brokerage Contracts.
(a)
No broker or salesperson shall act on behalf of a seller or lessor with
regard to negotiating the sale, purchase, exchange or lease of any real estate
or of the improvements thereon, collect rents, or attempt to collect rents
without a written contract signed by all parties.
(b)
The listing contract in (a) above shall contain the following
provisions:
(1) The date of execution;
(2) The address,
location, description, and asking price of the real estate to sell, exchange,
purchase or lease;
(3) The names and addresses of all parties to the
contract;
(4) The professional fee stated
as a dollar amount, percentage or other specific consideration; and
(5) The date the contract expires.
(c)
Consent to designated agency shall be obtained within the listing
agreement, pursuant to RSA 331-A:25-e, II.
(d)
Consent to dual agency showings may be obtained within the listing
agreement by a separate dated signature of the seller or landlord.
(e)
Any provisions to extend the contract in (a) above for a specific period
of time shall be agreed upon in writing by all parties to the contract.
(f)
Net listings shall be prohibited.
“Net listing” means a listing wherein the commission to be received is
the difference between the selling price and a minimum selling price acceptable
to the seller.
(g) No broker or salesperson shall act on behalf
of a buyer or lessee with regard to the purchase, exchange or lease of any real
estate or of the improvements thereon without a written contract signed by all
parties.
(h) The buyer agency/tenant representation
contract in (g) above shall contain the following provisions:
(1) The date of execution;
(2) General description, location, and price
range of real estate sought;
(3) The names and addresses of all parties to the
contract;
(4) The professional fee stated as a dollar
amount, percentage, or other specific consideration; and
(5) The date the contract expires.
(i)
Consent to designated agency shall be obtained within the buyer
agency/tenant representation contract, pursuant to RSA 331-A:25-e, II.
(j)
Consent to dual agency showings may be obtained within the buyer agency/tenant
representation contract by a separate dated signature of the buyer/tenant.
(k)
Any provisions to extend the contract in (g) above for a specific period
of time shall be agreed upon in writing by all parties to the contract.
(l)
A licensee may act as a disclosed dual agent only with the written
informed consent of all parties.
(m)
The disclosed dual agency informed consent agreement signed by all
parties shall contain the following provisions:
(1) The date of execution;
(2) The date of the listing contract and date of
the buyer agency/tenant representation contract;
(3) The names and addresses of all parties to the
agreement and the real estate agency;
(4) A clear statement of the disclosed dual
agent’s duties pursuant to RSA 331-A:25-d;
(5) A statement that the disclosed dual agency
informed consent agreement shall not be extended beyond the dated listing
contract and the dated buyer agency/tenant representation contract without the
necessary extensions, pursuant to Rea 404.04(e) and (k); and
(6) The date the disclosed dual agency informed
consent agreement expires.
(n) If consent to dual agency showings is not
obtained on the listing contract or buyer agency/tenant representation
contract, then consent to dual agency may be obtained at a later date but only
in accordance with Rea 404.04(l).
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84;
ss by #4304, eff 8-21-87; ss by #4631, eff 6-20-89; ss and moved by #5574, eff
2-11-93 (from Rea 404.05), EXPIRED: 2-11-99
New. #7163, INTERIM, eff 12-18-99, EXPIRED: 4-16-00
New. #7265, eff 5-6-00; ss by #8833, eff 5-1-07;
ss by #9270, eff 1-1-09, EXPIRED: 1-1-17
New. #12110, INTERIM, eff 2-22-17, EXPIRES:
8-21-17; ss by #12213, eff 6-18-17
Rea 404.05 Advertisements.
(a) A salesperson or broker shall not advertise
the sale, purchase, exchange, or lease of real property, other than the sale,
exchange or lease of her or his own real property, in a manner indicating the
offer to sell, purchase, exchange or lease is being made by a principal. Every such advertisement shall clearly
indicate that it is an advertisement of a principal broker, pursuant to RSA
331-A:16, IV.
(b)
A salesperson or broker shall not advertise the sale, purchase, exchange
or lease of real property for another or others without prominently including
in the advertisement the name of the real estate brokerage firm with which he
or she is associated, or the name of that licensee’s principal broker, pursuant
to RSA 331-A:16, IV.
Source. #2130, eff 8-30-82; ss by #2847, eff 9-19-84,
EXPIRED: 9-19-90
New. #5575, eff 2-11-93, EXPIRED: 2-11-99
New. #7163, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7265, eff 5-6-00; ss by #7521, eff 6-28-01;
ss by #9301, eff 10-22-08; para (a) amd by #10148, eff 6-20-12; para (b)
EXPIRED: 10-22-16; para (b) amd by #12110, INTERIM, eff 2-22-17, EXPIRES:
8-21-17; ss by #12213, eff 6-18-17
CHAPTER Rea 500 ETHICAL STANDARDS
PART Rea 501 CODE OF ETHICS
Rea 501.01 Agency Code of Ethics.
(a)
Pursuant to RSA 331-A:9, I, no commission member shall participate in
any action related to the issuance of a license or disciplinary matter
involving the member or a person with whom the member is personally or
professionally associated, or in any such action in which the member has a
direct financial interest;
(b)
Pursuant to RSA 331-A:9, II, no commission member or commission employee
shall, for compensation of any type, other than compensation that is normally
authorized for commission related business, teach or participate in any
preparatory or continuing education effort approved by the commission;
(c)
Pursuant to RSA 331-A:9, III, no more than one commission member shall
serve as an officer of a professional association which represents real estate
brokers and salespeople;
(d)
Commissioners shall uphold and apply the constitution of the State of
New Hampshire and RSA 331-A and the administrative rules adopted thereunder,
impartially and objectively;
(e)
Commissioners shall administer RSA 331-A and the administrative rules
adopted thereunder free of partiality or the appearance of partiality, and
without discrimination against any person because of race, color, religion,
sex, national origin, or any other class protected under the constitution and
statutes of New Hampshire;
(f)
Commissioners and commission employees shall refuse gifts as defined by
RSA 15-B:2, V from groups or persons whose interests have been, are, or are
likely to be before the agency.
(g)
Commission employees shall maintain the confidentiality of pending
cases, but shall also provide access to public records or proceedings as
required by law;
(h)
Commissioners and commission employees shall immediately notify the New Hampshire
commission investigator when information which would normally lead to an
investigation is received from licensees or the public;
(i)
Commissioners and commission employees shall always adhere to the
provisions of due process during a hearing; and
(j)
Commissioners shall contribute to the public interest by advising,
suggesting, and supporting rules and legislation which will improve the real
estate profession.
Source. # 6680, eff 2-3-98; ss by #7266, eff 5-6-00;
amd by #8834, eff 5-1-07; amd by #9202, INTERIM, eff 7-16-08; ss by #9301, eff
10-22-08; amd by #10149, eff 6-20-12; paras (a)-(e) and (g)-(j), EXPIRED:
10-22-16; ss by #12110, INTERIM, eff 2-22-17, EXPIRES: 8-21-17;
ss by #12213, eff 6-18-17
CHAPTER Rea 600 COMPLAINTS - RESERVED
CHAPTER Rea 700 CONDUCT OF LICENSEES
PART Rea 701 DISCLOSURE
Rea 701.01 Brokerage Relationship Disclosure.
(a)
A licensee shall provide a written brokerage relationship disclosure to
the consumer at the time of first business meeting.
(b)
A licensee showing a property listed with another agency shall disclose
their brokerage relationship verbally or in writing to the other party’s agent
prior to showing the property and in writing on the offer.
(c)
Licensees shall use the “Brokerage Relationship Disclosure Form”,
effective June 2017, adopted by the commission.
(d)
The above referenced disclosure form shall not be required to be given
to buyer or tenant and seller or landlord or other licensees who attend an open
house if the broker or salesperson, by sign, poster, pamphlet, or other
conspicuous means, discloses the licensee’s brokerage relationship with the
seller.
(e)
The above referenced disclosure form in (c) above shall include notice
that a licensee acting in the capacity of a facilitator may only perform
ministerial acts as defined in RSA 331-A:2, VI-a and is not obligated as an
agent to the buyer or tenant and seller or landlord, and the fact that this
relationship at some future time, but prior to the preparation of an offer,
could change to an agency relationship.
(f)
If a buyer or seller chooses not to enter into a relationship with the
licensee and the consumer will not sign a brokerage relationship disclosure
form, the licensee shall note that fact on a copy of the disclosure form and
shall retain such copy for 3 years.
(g)
A licensee intending to act in the capacity of a dual agent shall:
(1) At the time of first business meeting with a consumer
to discuss a specific property, provide a written brokerage relationship
disclosure pursuant to Rea 701.01(a);
(2) On the listing contract and buyer
agency/tenant representation contract, give the client the option to accept or
deny a dual agency statement of consent to showings, pursuant to Rea 404.04;
(3) Have the informed consent to dual agency
agreement signed and reviewed by the buyer/tenant and seller or landlord at the
time in which the dual agency occurs, but no later than the preparation of a
written offer for sale or lease, pursuant to Rea 404.04; and
(4) Indicate in writing on the offer that the
broker is acting in the capacity of a dual agent.
(h)
A licensee intending to act in the capacity of a designated agent shall:
(1) At the time of the first business meeting
with a consumer provide a written brokerage relationship disclosure, pursuant
to Rea 701.01(a);
(2) On the listing contract and buyer
agency/tenant representation contract, disclose to the client the firm’s designated
agency policy;
(3) On the above contracts there shall be
disclosure and consent to all designated agents appointed to the client. Substitutions of designated agents shall not
be made without the informed written consent of the client;
(4) When consent to designated agency has been
given by the seller or landlord and the buyer or tenant, written notice shall
also be provided to the seller or landlord and the buyer or tenant that
designated agency has occurred with both the seller or landlord and buyer or
tenant in the transaction. This notice
shall be provided prior to the execution of the purchase and sale or lease
agreement;
(5) If the designated seller’s agent and the
designated buyer’s agent in a transaction are affiliated with the same broker
and the seller or landlord and the buyer or tenant each have consented to
designated agency, a separate consent to dual agency of the appointing agent
shall not be required; and
(6) If the designated seller or landlord agent is
also the designated buyer or tenant agent in the same transaction, the
designated agent shall be a dual agent and a separate informed consent to dual
agency shall be required in accordance with RSA 331-A:25-d.
Source. #5077, eff 6-1-91; ss by #5168, eff 6-21-91;
ss by #5576, eff 2-11-93; ss by #6738, eff 4-25-98; ss by #7267, eff 5-6-00; ss
by #7522, eff 6-28-01; ss by #8835, eff 5-1-07; ss by #9270, eff 1-1-09,
EXPIRED: 1-1-17
New. #12110, INTERIM, eff 2-22-17, EXPIRES:
8-21-17; ss by #12213, eff 6-18-17
Rea 701.02 Licensee’s Duty to a Prospective Buyer. A licensee shall disclose to a prospective
buyer or tenant any material physical, regulatory, mechanical, or on-site environmental
condition affecting the subject property of which the licensee has actual
knowledge. Such disclosure shall occur
any time prior to the time the buyer or tenant makes a written offer to
purchase or lease the subject property.
This shall not create an affirmative obligation on the part of the
licensee to investigate material defects.
Source. #5077, eff 6-1-91; rpld by #5207, eff
8-22-91; ss by #5336, eff 6-1-92; ss and moved by #5576, eff 2-11-93 (from Rea
701.04), EXPIRED: 2-11-99
New. #7164, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7267, eff 5-6-00; ss by #7522, eff 6-28-01;
ss by #9301, eff 10-22-08, EXPIRED: 10-22-16
New. #12067, INTERIM, eff 12-21-16, EXPIRES: 6-19-17;
ss by #12213, eff 6-18-17
Rea 701.03 Private Water Supply Disclosure.
(a)
A licensee, when listing property for sale, purchase or exchange which
is served by a private water supply and is used or proposed to be used for a
one to 4 family dwelling, shall ask the seller for at least the following
information:
(1) Type of system;
(2) Location;
(3) Malfunctions;
(4) Date of installation;
(5) Date of most recent water test; and
(6) Whether the seller has experienced a problem
such as an unsatisfactory water test or a water test with notations.
(b)
Such information and any other information pertinent to the private
water supply shall be conveyed, in writing, to a buyer prior to or during the
preparation of an offer. The fact that information
regarding the private water supply is not available shall also be conveyed, in
writing, when such is the case.
Source. #5077, eff 6-1-91; rpld by #5208, eff 8-22-91;
ss by #5337, eff 6-1-92; ss and moved by #5576, eff 2-11-93 (from Rea 701.05),
EXPIRED: 2-11-99
New. #7164, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7267, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9301, eff
10-22-08, EXPIRED: 10-22-16
New. #12067, INTERIM, eff 12-21-16, EXPIRES:
6-19-17; ss by #12213, eff 6-18-17
Rea 701.04 Insulation Disclosure.
(a)
A licensee, when listing property for sale, purchase, or exchange which
is used or proposed to be used for a one to 4 family dwelling, shall ask the
seller for at least the following information:
(1) Type of insulation; and
(2) Location of insulation.
(b)
Such information and any other information pertinent to the insulation
shall be conveyed, in writing, to a buyer prior to or during the preparation of
an offer. The fact that information
pertinent to the insulation is not available shall be conveyed, in writing,
when such is the case.
Source. #5077, eff 6-1-91; rpld by #5168, eff
6-21-91; ss by #5338, eff 6-1-92; ss and moved by #5576, eff 2-11-93 (from Rea
701.06), EXPIRED: 2-11-99
New. #7164, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7267, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9301, eff
10-22-08, EXPIRED: 10-22-16
New. #12067, INTERIM, eff 12-21-16, EXPIRES:
6-19-17; ss by #12213, eff 6-18-17
Rea 701.05 Sewage Disposal System Disclosure.
(a)
A licensee, when listing property for sale, purchase or exchange which
is served by a private sewage disposal system and is used or proposed to be
used for a one to 4 family dwelling, shall ask the seller for at least the
following information:
(1) Location of system;
(2) Malfunctions;
(3) Date of most recent servicing; and
(4) Name of contractor or person who services the
system.
(b)
Such information and any other information pertinent to the sewage
disposal system shall be conveyed, in writing, to a buyer prior to or during
preparation of an offer. The fact that
information regarding the sewage disposal system is not available shall also be
conveyed, in writing, when such is the case.
Source. #5077, eff 6-1-91; rpld by #5208, eff
8-22-91; ss by #5339, eff 6-1-92; ss and moved by #5576, eff 2-11-93 (from Rea
701.07), EXPIRED: 2-11-99
New. #7164, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7267, eff 5-6-00, EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9301, eff
10-22-08, EXPIRED: 10-22-16
New. #12067, INTERIM, eff 12-21-16, EXPIRES:
6-19-17 ss by #12213, eff 6-18-17
PART Rea 702 HANDLING OF FUNDS
Rea 702.01 Trust Accounts.
(a) Every resident and non-resident principal
broker who in the course of her or his real estate business in the State of New Hampshire receives, accepts, and holds any monies on behalf of
any principal, client, or other person shall at all times maintain a separate
escrow or real estate trust account, distinct from her or his own account, in a
financial institution of her or his choice located in this state, for the
deposit of all such monies so received by the licensee, pursuant to RSA
331-A:13.
(b) Upon acceptance and execution of a contract,
all earnest money deposited and down payments received by a principal broker as escrow agent in a real estate transaction shall be promptly
deposited in her
or his separate escrow or real estate trust account, pursuant to RSA 331-A:13,
when at that time the principal broker shall be responsible to make full
accounting thereof to the signatories to the contract.
Source. #5076, eff 2-21-91 (from Rea 404.03); ss by #5576,
eff 2-11-93, EXPIRED: 2-11-99
New. #7164, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7267, eff 5-6-00; ss by #7522, eff 6-28-01;
ss by #8835, eff 5-1-07, EXPIRED: 5-1-15
New. #11030, INTERIM, eff 1-28-16, EXPIRED:
7-26-16
New. #12213, eff 6-18-17
Rea 702.02 Funds Received. All monies received by a salesperson or an
associate broker in connection with a real estate transaction in which she or
he is engaged on behalf of her or his managing or principal broker, shall be
immediately delivered to her or his managing or principal broker.
Source. #5076, eff 2-21-91 (from Rea 404.03); ss by
#5576, eff 2-11-93, EXPIRED: 2-11-99
New. #7164, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7267, eff 5-6-00 (formerly Rea 702.03); ss
by #7522, eff 6-28-01; ss by #9301, eff 10-22-08, EXPIRED: 10-22-16
New. #12067, INTERIM, eff 12-21-16, EXPIRES:
6-19-17; ss by #12213, eff 6-18-17
Rea 702.03 - REPEALED
Source. #5076, eff 2-21-91 (from Rea 404.03); ss by
#5576, eff 2-11-93, EXPIRED: 2-11-99
New. #7164, INTERIM, eff 12-18-99, EXPIRED:
4-16-00
New. #7267, eff 5-6-00 (formerly Rea 702.04),
EXPIRED: 5-6-08
New. #9202, INTERIM, eff 7-16-08; ss by #9301, eff
10-22-08; rpld by #10150, eff 6-20-12
PART Rea 703 CONDUCTING BUSINESS IN
Rea 703.01 Cooperative Brokerage Agreements.
(a) A licensed New Hampshire broker may cooperate
with an out-of-state broker with respect to a specific commercial real estate transaction provided the out-of-state broker complies
with the laws of this state and both brokers agree in writing to all of the
terms expressed in a cooperative brokerage agreement prior to the commencement
of any brokerage activity.
(b) The licensed
New Hampshire broker shall request a copy of the out-of-state broker’s license
or the license of the out-of-state salesperson working under the direct
supervision of the out-of-state broker or other proof of licensure from the
jurisdictions where the out-of-state broker or out-of-state salesperson
maintains a license as a real estate broker or salesperson.
(c) To comply with (a),
above, New Hampshire brokers shall obtain from the commission, a “Cooperative
Brokerage Agreement Form”, effective June 2017.
(d) The New Hampshire broker shall complete a
“Cooperative Brokerage Agreement Form”, by supplying the following:
(1) Date the agreement was
entered into by the parties;
(2) Date the agreement will
expire, provided however, a cooperating broker agreement shall not have a term
that exceeds one year;
(3) Provision for any extension
or early termination of the agreement;
(4) Name, telephone numbers and
address of the owner(s) of the commercial properties or, when the agreement
involves buyer or tenant representation, the name, telephone number, and
address of the buyer(s) or tenant client(s);
(5) Location or legal
description of the commercial properties, or both, when applicable;
(6) A statement which requires
the parties to agree to the type of relationship the agreement will covers
with the consumer;
(7) A statement that both the
New Hampshire broker and the out-of-state broker agree that all
negotiations, including the showing, advertising, and listing of the property,
shall be handled under the direct supervision of the New Hampshire broker, with
the New Hampshire broker recognizing her or his responsibility under RSA 331-A;
(8) A statement that the
out-of-state broker agrees not to advertise the listing in any manner unless
the New Hampshire broker is included in the advertising and that such
advertising shall be with full knowledge of and under the direct supervision of
the New Hampshire broker, giving the name and telephone number of the New
Hampshire broker equal prominence with the out-of-state broker;
(9) A statement that by signing
the cooperative brokerage agreement, the out-of-state broker and any
out-of-state salespersons working under the direct supervision of the
out-of-state broker is:
a. Agreeing to abide by New
Hampshire law and the rules of the commission; and
b. Is formally granting an
irrevocable consent and power providing that legal actions can be commenced
against said broker in the proper court of any county of this state in which a
cause of action does arise or in which the plaintiff resides by service of
process or pleading authorized by the laws of this state on a member of the
commission or its executive director, the consent or power stipulating that
such service of process or pleading shall be taken in all courts to be valid
and binding as if personal service had been made upon the nonresident in this
state;
(10) A statement requiring the
New Hampshire broker to accept the responsibility for determining that the
out-of-state broker and any out-of-state salespersons working under the direct
supervision of the out-of-state broker is licensed as a broker or salesperson
in another state and agreeing to notify the commission immediately if the
out-of-state broker or out-of-state salesperson violates any part of the
cooperative brokerage agreement;
(11) A statement that if the
out-of-state broker or out-of-state salesperson fails to comply with any
provision of RSA 331-A:22-a he or she shall be considered in violation of RSA
331-A:34;
(12) The commissions or other
compensation, stated as a dollar amount, percentage, or other specific
consideration;
(13) A statement that if any
earnest monies or deposits are received, accepted, or held in accordance with
RSA 331-A:13 and Rea 702.01, the same shall be placed in the escrow account of
the New Hampshire broker;
(14) The name, address, and
witnessed signature of the New Hampshire broker; and
(15) The name, address, and
witnessed signature of the out-of-state broker.
(e) The commissions or other compensations
resulting from the purchase, sale, rent, or lease, or management of the
commercial property, and which are earned during the period the agreement is in
force, shall be divided between the New Hampshire broker and the out-of-state
broker on a negotiable basis;
(f) The parties shall execute 2 completed
original cooperating agreements. The New
Hampshire broker and the out-of-state broker shall each receive one of these
originals.
Source. #7267, eff 5-6-00; ss by #7522, eff 6-28-01;
ss by #8835, eff 5-1-07, EXPIRED: 5-1-15
New. #11030, INTERIM, eff 1-28-16, EXPIRED:
7-26-16
New. #12213, eff 6-18-17
APPENDIX
Rule |
Specific
State Statute the Rule Implements |
|
|
Rea 101.01 |
RSA 331-A:2;
541-A:16, I(a) |
Rea 101.02 |
RSA 331-A:2; 26,
XXIX |
Rea 102.01 |
RSA 331-A:5, 7,
8; 541-A:16, I (a) |
Rea 103.01 |
RSA 541-A:16, I
(a) |
|
|
Rea 201.01 |
RSA 331-A:25, X;
RSA 541-A:16, I(c) |
Rea 201.02-201.07 |
RSA 541-A:16,
I(b)(3) |
Rea 201.08 |
RSA 331-A:25, X;
541-A:16, I(d) |
Rea
202.01-202.03 |
RSA 541-A:30-a,
III(a) |
Rea 203.01 |
RSA 541-A:30-a,
III(f) |
Rea 204.01-204.02 |
RSA 331-A:25, X;
331-A:29; 541-A:16, I(b)intro. |
Rea 204.03 |
RSA 331-A:25, X;
331-A:29 |
Rea 204.04 |
RSA 331-A:25, X;
331-A:29; 541-A:16, I(b)intro. |
Rea 204.05 |
RSA 331-A:25, X;
331-A:28, 29 |
Rea 204.06 |
RSA 331-A:25, X;
331-A:29, I; 541-A:31, V |
Rea 205.01 |
RSA 331-A:25, X;
331-A:30, I |
Rea 205.02 |
RSA 331-A:25, X;
331-A:30, I, II |
Rea 205.03 |
RSA 331-A:25, X;
331-A:30, II |
Rea 205.04 |
RSA 541-A:30-a,
IV |
Rea 205.05 |
RSA 541-A:30-a,
III(k) |
Rea 205.06 |
RSA 541-A:30-a,
III(b) |
Rea 205.07 |
RSA 541-A:30-a,
III(c) |
Rea
205.08-205.09 |
RSA 541-A:30-a,
III(g) |
Rea 205.10 |
RSA 541-A:30-a,
III(h), IV |
Rea 205.11 |
RSA 541-A:30-a,
IV |
Rea 205.12 |
RSA 331-A:25, X;
331-A:30, II |
Rea 205.13 |
RSA 331-A:25, X;
331-A:30, II; 541-A:33 |
Rea 205.14 |
RSA 541-A:30-a,
III(e) |
Rea 205.15 |
RSA 541-A:30-a,
III(i) |
Rea
205.16-205.17 |
RSA 331-A:25, X;
331-A:30, II |
Rea 206.01 |
RSA 331-A:25, X;
RSA 331-A:28; RSA 331-A:30, III |
Rea 206.02 |
RSA 331-A:25, X;
RSA 331-A:28, III |
Rea 207.01 |
RSA 541-A:11,
VII |
|
|
Rea 301.01 |
RSA 331-A:10;
10-a; 12; 14; 16, I; 25, V |
Rea 301.02 |
RSA 331-A:7, II,
IV; 11; 15, I; 17, II; 18, I, II; 19, II; 20, IV; 24; 25, IV |
Rea 301.03 |
RSA 331-A:10;
25, II, III, IV, XIV |
Rea 301.03
(a)-(f), (h), (i), (l), (n), (q), (r) |
RSA 331-A:10;
RSA 331-A:25, II, III, IV |
Rea 301.03 (j),
(m) |
RSA 331-A:10,
II(b); RSA 331-A:25, XIV |
Rea 301.03 (g),
(k), (o), (p), (s), and (t) |
RSA 331-A:10;
RSA 331-A:11-a; RSA 331-A:25, II, III |
Rea 301.04 |
RSA 331-A:11;
19, II; 24; 25, IV |
Rea
301.04 (a) |
RSA
331-A:11; 19, II; 24; 25, IV |
Rea
301.04(b) |
RSA
331-A:7, II, IV; 11-a; 15, I; 17, II; 18, I; 19, II; 20, IV; 21; 24; 25, IV;
28, I (b) |
Rea
301.05 |
RSA
91-A:4 |
Rea
302.01 – 302.02 |
RSA
331-A:20; 25, VIII |
Rea
302.03 |
RSA
331-A:25 |
Rea
303.02 |
RSA
331-A:11; 25, II |
Rea
303.03 |
RSA
331-A:11; 25, II, III |
Rea
303.04 |
RSA
331-A:11, 25, II |
Rea
303.05 |
RSA
331-A:11; 25, II, III |
Rea
303.04 |
RSA
331-A:11, 25, II |
Rea
303.05 |
RSA
331-A:11; 25, II, III |
Rea
304.01 |
RSA
331-A:11-a: 12; 22 |
Rea
305.01-305.02 |
RSA
331-A:12, IV; 15, II; 17, II; 22; 25, XIII |
Rea
305.03 |
RSA
331-A:15; 17, IV, V; 25, VII |
Rea
305.04 |
RSA
331-A:15; 17, IV, V; 25, II |
Rea
305.05 |
RSA
331-A:11-a, RSA 331-A:25, XIV |
|
|
Rea
401.01 |
RSA
331-A:12-a; 14; 19; 22; 25, XIII |
Rea
401.02 |
RSA
331-A:19; 25, XIII |
Rea
403.01 |
RSA
331-A:12-a; 19; 20; 25, IX |
Rea
403.02 |
RSA
331-A:25, V, IX; RSA 541-A:16, I(b) |
Rea
404.01 |
RSA
331-A:25, I |
Rea
404.02 |
RSA
331-A:17; 25, I |
Rea
404.03 |
RSA
331-A:25, I |
Rea
404.04 |
RSA
331-A:25, I; 25-a; 25-b; 25-c; 25-d; 25-e; 26, XII |
Rea
404.05 |
RSA 331-A:16; 25, I |
|
|
Rea
501.01 |
RSA
331-A:9; 25, XII |
|
|
Rea
701.01 |
RSA
331-A:25, I; 26, XII |
Rea
701.02-701.05 |
RSA
331-A:25, I; 26, XXIX |
Rea
702.02 |
RSA
331-A:13; 25, I; 26, XXIX |
Rea
702.01 |
RSA
331-A:13; 25, I; 26, VII |
Rea
702.02 |
RSA
331-A:13; 25, I; 26, XXIX |
Rea
703.01 |
RSA
331-A:22-a; 25, I; 26, XXIV, XVIII, XXIX |
|
|