Title XXX, Occupations and Professions

If an applicant holds an active real estate license in good standing, issued by passing the national and state examinations in accordance with the laws of another jurisdiction, that applicant may apply for a New Hampshire license with the same equivalent status as currently licen…

I. [Repealed.] II. The form for an individual applying for a license shall include affidavits from 3 character references. No person who is related by blood or marriage to an applicant may serve as a character reference on the application, and this restriction shall appear on the…

I. Any licensee who does not want to perform as a broker or salesperson as defined in RSA 331-A:2, and who wants to preserve his or her license while not engaged in any brokerage activities, including making any referrals for commission or for other compensation, or for the promi…

I. The principal broker shall maintain an escrow account or accounts, separate and apart from the individual or office account, in which all deposits on fully executed contracts shall be promptly deposited. The escrow account or accounts shall be maintained in an insured financia…

No principal or managing broker's license shall be issued or renewed until the applicant gives to the commission a surety bond in any form approved by the commission in a sum of not less than $25,000, executed by the applicant and by a surety company authorized to do business in …

I. Every real estate office or real estate branch office, whether operated as a corporation, partnership, or sole proprietorship, shall be directed, supervised, and managed by a licensed real estate broker. The principal broker shall submit to the office a branch office applicati…

In the event of the death, disability or change of affiliation of the managing broker of a real estate branch office, the principal broker may designate as a manager a person currently licensed with the New Hampshire real estate commission for a period not to exceed one year from…

I. A principal broker may pay all or part of a fee, commission, or other compensation earned by his or her firm, broker, associate broker, or salesperson to a partnership, association, limited liability company, limited liability partnership, or corporation only if all of the fol…

In this chapter: I. "Advance fees" mean any fees charged for services including, without any limitation, any fees charged for listing, advertising, or offering for sale or lease any real property. Advance fees shall not include fees paid solely for advertisement in a newspaper or…

I. An individual, institution, or organization seeking accreditation or renewal of accreditation to teach a preparatory or continuing education program of study shall meet criteria and submit documentation to the office as required by the commission prior to approval. I-a. The co…

In the event of the death or total incapacity of a licensed real estate principal broker of a real estate business, the office may, upon application by the principal broker's legal representative, issue without examination a temporary license to such legal representative or to an…

I. A nonresident of this state may become a broker or salesperson in this state by conforming to all of the conditions of this chapter applicable to residents of this state. II. Upon making application, such nonresidents shall file an irrevocable consent and power providing that …

I. An out-of-state broker may perform acts with respect to a commercial real estate transaction that require a license under this chapter, provided the out-of-state broker complies with the laws of this state with respect to the transaction and: (a) Works in cooperation with a li…

No broker or salesperson applicant whose license as a broker or salesperson is under revocation or suspension in another state shall be granted a license as a broker or salesperson in this state; and, if already granted a license through reciprocity or recognition, it may be revo…

The commission shall adopt rules, under RSA 541-A, relative to: I. Conduct of licensed brokers and salespeople. II. Administration of examinations. III. Eligibility of persons who have failed a salesperson or broker examination to be reexamined. IV. [Repealed.] V. Application for…

I. A licensee who provides services through a brokerage agreement for a seller, landlord, buyer, or tenant is bound by the duties of loyalty, obedience, disclosure, confidentiality, reasonable care, diligence, and accounting. II. A licensee may be a seller agent, a buyer agent, a…

I. A licensee engaged by a seller or landlord shall: (a) Perform the terms of the written brokerage agreement made with the seller or landlord. (b) Promote the interests of the seller or landlord including: (1) Seeking a sale, lease, rent, or exchange at the price and terms state…

I. A licensee engaged by a buyer or tenant shall: (a) Perform the terms of the written brokerage agreement made with the buyer or tenant. (b) Promote the interests of the buyer or tenant including: (1) Seeking real estate at a price and terms specified by the buyer or tenant exce…

I. A licensee may act as a disclosed dual agent only with the written consent of all parties to the anticipated transaction at the time in which a dual agency relationship occurs, but no later than the preparation of a written offer for sale or lease. II. The duties of a licensee…

I. A licensee appointed by an appointing agent to be a designated agent shall: (a) If representing a seller or landlord, comply with all duties as required in RSA 331-A:25-b. (b) If representing a buyer or tenant, comply with all duties as required in RSA 331-A:25-c. II. Appointm…

I. A licensee acts as a facilitator when that licensee assists but does not represent either party in a transaction. II. A facilitator shall disclose to a prospective buyer or tenant any material physical, regulatory, mechanical, or on-site environmental condition affecting the s…

Any provision in any listing agreement or listing contract for the sale of real property in this state purporting to grant to the real estate broker or agent the power to execute contracts for the sale of the property shall be null and void and of no legal effect. Any contract fo…

The following acts, conduct or practices are prohibited, and any licensee found guilty after a hearing shall be subject to disciplinary action as provided in RSA 310: I. Obtaining or attempting to obtain a license by means of fraud, misrepresentation, or concealment. II. Violatin…

Any license obtained through the mistake or inadvertence of the executive director shall be subject to revocation.

It shall be unlawful for any person, directly or indirectly, to act as a real estate broker or real estate salesperson without a license and otherwise complying with the provisions of this chapter.

I. No action or suit shall be instituted, nor recovery be had, in any court of this state by any person for compensation for any act done or service rendered as a broker or salesperson under this chapter, unless such person was duly licensed under this chapter as a broker or sale…

The provisions of this chapter shall not apply to: I. An owner who is not a licensee, or the regular employees of an owner of real estate who are not licensees, with respect to the real property of the owner; I-a. A prospective purchaser or tenant who is not a licensee, or the re…

I. There is hereby created the New Hampshire real estate commission whose duty shall be to administer this chapter. II. The commission members shall include: (a) Two licensed real estate brokers. (b) One licensed real estate salesperson. (c) One lawyer. (d) One public member. III…

In addition to any authority provided by law, the commission shall: I. [Repealed.] II. [Repealed.] III. Publish information relative to the scope of the examination and suggested courses of study. IV. [Repealed.] V. [Repealed.] VI. [Repealed.] VII. Provide notice to all persons l…

The commission shall adopt by rule under RSA 541-A an ethics code for commissioners and commission employees. This code shall include, but not be limited to, the following provisions: I. No commission member shall participate in any action related to the issuance of a license or …