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 United States mail, addressed to the last address given to the commission by the party.

 

          (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 New Hampshire; and

 

(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 203.06), 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 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

 

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 “Broker Renewal” form, revised 9/2019, if submitting a paper renewal, and an “Online Broker Renewal” form, effective [insert effective date], if submitting an online renewal, and include the following:

 

(1)  If the applicant answered “yes” to questions 1-5 on the “Broker Renewal” form or the “Online Broker Renewal” form, a sheet of paper attached to the application giving full details and an explanation;

 

(2)  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:”

 

(3)  For all applicants, 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:”

 

(4)  If the applicant is a principal broker or managing broker, a copy of a 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.

 

          (b)  Applicants seeking renewal as an associate broker under (a) above or as a salesperson under (c) below shall have their principal broker complete and submit the appropriate sections of the relevant form, which shall include an attestation by the principal broker that the renewal applicant is, to the best of the principal broker’s knowledge, of good moral character and is trustworthy, indicated by 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)  Applicants for renewal of a salesperson’s license shall complete and submit a “Real Estate Salesperson Renewal” form, revised 9/2019, if submitting a paper renewal, and an “Online Salesperson Renewal” form, effective [insert effective date], if submitting an online renewal, and include the following:

 

(1)  If the applicant answered “yes” to questions 1-5 on the “Real Estate Salesperson Renewal” form or the “Online Salesperson Renewal” form, a sheet of paper attached to the application giving full details and an explanation; and

 

(2)  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) The online 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)  Each licensee who is applying to have her or his license placed on active status 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)  Principal broker and managing broker applicants shall submit to the commission a surety bond in the sum of at least $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 9/2019 and attach the firm’s certificate of good standing from the secretary of state.  If the applicant is a non-resident, the applicant shall include on the application a signed irrevocable consent and power of attorney statement, as required by RSA 331-A:22, II.

 

          (i)  All applicants for renewal of a broker license as a firm branch shall complete and submit a “Firm Branch Renewal” form, revised 9/2019 and attach 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 irrevocable consent and power of attorney statement, 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

 

          Rea 401.02  Renewals of Late or Lapsed License.

 

          (a)  All broker and salesperson renewal applicants who submit a renewal form up to six months after expiration shall be considered late and:

 

(1)  Pay the regular renewal fee; and

 

(2)  Pay the late fee established in Rea 301.02.

 

          (b)  All broker and salesperson renewal applicants who submit a renewal form after six months from expiration, but before twelve months from expiration, shall be considered lapsed and:

 

(1)  Pay the lapsed fee established in Rea 301.02;

 

(2)  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;

 

(3)  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 twelve months or later from expiration shall be considered an original applicant and are 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

 

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 his or her first renewal, 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)-(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

 

          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 10% 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) – (d) above.

 

Source.  #12213, eff 6-18-17; ss by #12977-B, eff 1-23-20

 

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, firm officers or partners, or trade names.

 

          (b)  Any such changes in the information listed in (a) above shall be reported, in writing, to the commission no later than 10 days after the change by completing and submitting one or more of the following Amendment Forms:

 

(1) “Change of Address/Phone/E-Mail,” revised 9/2019;

 

(2) “Activation of an Inactive License,” revised 9/2019, which includes an attestation from the licensee’s 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;”

 

(3) “Change of Managing Broker of Firm or Branch Office,” revised 9/2019.  Individuals submitting this form shall submit the following with the form:

 

a.  The original firm wall license; and

 

b.  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) “Change of Officers/Partners,” revised 9/2019;

 

(5) “Change of Principal Broker of Firm or Trade Name,” revised 9/2019.  Individuals submitting this form shall submit the following with the form:

 

a.  The original firm wall license; and

 

b.  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;

 

(6) “Deactivation of an Active License,” revised 9/2019.  Individuals submitting this form shall also submit the individual’s original wall license and pocket card.  If the wall license or pocket card is not available, the individual shall submit an explanation as to its unavailability;

 

(7) “Change of Broker Status,” revised 9/2019.  Individuals submitting this form 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; and

 

(b)  For principal and managing brokers, proof of a surety bond in the sum of $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;

 

(8)  “Name Change,” revised 9/2019..  Individuals submitting this form shall include legal proof of their name change.

 

          (c)  Whenever a licensee changes his or her 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 days after the change along with the appropriate form described in (b) above.

 

          (d)  In addition to completing the appropriate form described in (b) above, the new principal broker shall attest that the applicant is of good moral character and is trustworthy.

 

          (e)  An amendment fee 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.

 

          (f)  Should a broker or salesperson change her or his status to nonresident broker or salesperson, she or he shall file an irrevocable consent and power 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

 

          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 NEW HAMPSHIRE WITH BROKERS LICENSED IN ANOTHER JURISDICTION

 

          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; 25, II, III, IV

Rea 301.03 (j), (m)

RSA 331-A:10, II(b); 25, XIV

Rea 301.03 (g), (k), (o), (p), and (s)

RSA 331-A:10; 11-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

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