New Jersey Administrative Code

(a) The Voluntary Advisory Committee created pursuant to N.J.S.A. 45:15-16.2a.b(1)(b) shall elect a chairperson and a vice-chairperson from among its members. Any member of the Committee shall be eligible for election to either position. (b) The Voluntary Advisory Committee shall…

The following words and terms, as used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise: "ARELLO" means the Association of Real Estate License Law Officials, which may be contacted at 334-260-2928 and at mailbox@arello.org. "Com…

(a) Unless granted a waiver pursuant to N.J.A.C. 11:5-12.5, commencing with the July 1, 2013 renewal and continuing for every renewal thereafter, in order to qualify for license renewal every individual licensed as a real estate broker and every licensed broker-salesperson or sal…

(a) The continuing education requirement may be fulfilled by acquiring credits exclusively in the core topic areas listed below in this subsection. Licensees shall acquire at least six of the 12 continuing education credits required for license renewal pursuant to this subchapter…

(a) An applicant for license renewal who was unable to fulfill the continuing education requirements imposed by N.J.S.A. 45:15-16.2a and this subchapter may request and be granted a waiver, in whole or part, of the continuing education requirement by the Commission. (b) An applic…

(a) An applicant seeking approval from the Commission to become an approved continuing education provider shall submit a completed application on forms provided by the Commission with the required fee. The application shall include the following: 1. A non-refundable application f…

(a) Providers' responsibilities shall include the following: 1. The general supervision of the continuing education courses; 2. Ensuring the offered course and instructor have been approved by the Commission; 3. Ensuring that the instructor is knowledgeable in the subject matter …

(a) Providers shall provide to licensees who successfully complete an approved course a certificate of completion signed or affirmed by the provider, which shall include the licensee's name, the course name, date of completion, New Jersey continuing education course number, numbe…

(a) Any advertisement or promotional material used by a provider shall include the provider's official name or trade or alternate name on file with the Commission. (b) No advertisement shall contain false, misleading or deceptive claims or misrepresentations. In all advertisement…

(a) All applicants for a salesperson's, referral agent's or broker's license shall present with their license application evidence of their satisfactory completion of a course of education in real estate subjects taught in accordance with N.J.S.A. 45:15-10.1 and as required by th…

(a) The following regulations are applicable to schools and instructors licensed to conduct prelicensure courses of education in real estate subjects pursuant to N.J.S.A. 45:15-10.4 and 10.5, to applicants for such licenses and, as applicable, to the conducting of continuing educ…

(a) Applications for the following licenses and approvals are processed by the Education Bureau of the Real Estate Commission: 1. Real Estate Instructor license; 2. Real Estate School license; 3. License for additional teaching location of a licensed real estate school; 4. Approv…

(a) The Education Bureau issues Certificates of Examination Eligibility to: 1. Broker license candidates who have fulfilled or, to the extent permitted by N.J.A.C. 11:5-3.8 and 2.1(e), had waived the broker license experience and/or education requirements; 2. Instructor license c…

(a) The following forms are utilized by the Education Bureau of the Real Estate Commission: 1. Application for real estate school license for non-public school; 2. Application for licensure of additional teaching location for a non-public real estate school; 3. Application for re…

The fees applicable to transactions processed by the Education Bureau of the Real Estate Commission that are unrelated to real estate continuing education are listed in the table below. Fees applicable to applications for approval of real estate continuing education providers, in…

Commencing July 1, 1997, broker, broker-salesperson, salesperson, referral agent and branch office licenses shall be issued on the basis of two year license terms. All licenses issued during each biennial term shall run from the date of issuance to the end of the biennial term. A…

(a) The New Jersey Real Estate Commission, Department of Banking and Insurance, hereby grants to brokers of record or employing brokers the right to have initial applications for licenses of referral agents, salespersons or broker-salespersons who will be in their employ authoriz…

(a) For the purpose of expediting the right of licensees to engage in real estate activities, where license certificates cannot be issued without delay after all conditions have been fulfilled, the Commission directs that a certificate of authority in the form of a letter to the …

(a) Applications for the following license types are processed by the Licensing Bureau: 1. Real Estate Salesperson; 2. Real Estate Referral Agent; 3. Real Estate Broker--Salesperson; 4. Real Estate Broker--Sole Proprietor; 5. Real Estate Broker--Business entity; 6. Real Estate Br…

(a) The following forms are utilized by the Licensing Bureau:1. Original salesperson or referral agent license application; 2. Original broker/broker-salesperson application; 3. Name change (by license or application); 4. Broker status change; 5. Referral agent, salesperson or br…

The fees applicable to transactions processed by the Licensing Bureau are listed in the table below. Renewal fees are assessed biennially for the renewal of licenses for a two-year term pursuant to N.J.S.A. 45:15-15. All other fees are payable in full regardless of when during a …

(a) A licensed referral agent who was not previously licensed as a broker, broker-salesperson or salesperson and who has been licensed as a referral agent for less than one year shall be eligible for licensure as a salesperson without being required to complete any continuing edu…

(a) Pursuant to N.J.S.A. 45:15-16, a salesperson or broker-salesperson may accept payment of a real estate brokerage commission or other valuable consideration or any part thereof from a limited liability company or other entity formed and registered with the Commission. Such reg…

With the exception of fees paid to the State-contracted fingerprint scanning vendor, fees paid to the license examination administration vendor and fees paid to accomplish an online transfer or termination as set forth in N.J.A.C. 11:5-3.1 1, any and all fees prescribed by the Re…

(a) The Commission shall require an individual licensee or any officer, director, partner or owner of a controlling interest of a licensed corporation or partnership to complete an electronic fingerprint scan through the State-contracted vendor, pay the fees required for its proc…

(a) In the administration of examinations for licensure as a real estate broker, broker-salesperson, salesperson or referral agent, the following examination rules shall apply:1. Examinees shall not be permitted to refer to any notes, books, or memoranda. 2. The copying of questi…

(a) The Commission may request that licensees and license applicants, including registrants for license examinations, submit their social security numbers to the Commission. All such requests shall either include or be accompanied by a notice stating: 1. The purpose or purposes f…

(a) No salesperson's or referral agent's license shall be issued to any person who has not attained the age of 18 years. (b) Every applicant for licensure as a salesperson or referral agent shall present with his or her application for licensure a certificate of satisfactory comp…

(a) No broker shall knowingly sponsor an applicant for licensure as a real estate salesperson or referral agent who does not bear a good reputation for honesty and fair dealings. (b) An application for licensure or renewal of licensure as a referral agent shall include a certific…

(a) All references in this section to "brokers" shall include broker-salespersons. The experience requirement for licensure as a broker imposed by N.J.S.A. 45:15-9 is construed to require a demonstration by the applicant of their commitment to real estate brokerage as their prima…

(a) Each broker who ceases to be active shall within five business days of the cessation of business return to the Commission his license, and the licenses of all salespersons, broker-salespersons and referral agents for cancellation. (b) Each employee's license must be accompani…

(a) Prior to a salesperson or referral agent engaging in any real estate brokerage activity, a broker and the salesperson or referral agent must enter into and sign a written agreement that contains the terms of their business relationship. Such agreement shall contain terms incl…

(a) The following apply to individual broker licensees operating as sole proprietors (employing brokers) or as the authorized broker (broker of record) of a corporation or other entity licensed as a New Jersey real estate broker. As used in this section, the term "individual brok…

(a) No arrangement, direct or indirect, shall be entered into by any licensee whereby an individual licensee lends his name or license for the benefit of another person, firm or corporation, or whereby the provisions of the real estate statute and rules relating to licensing are …

(a) Every resident real estate broker not licensed as a broker-salesperson shall maintain a main office for the transaction of business in the State of New Jersey, which shall be open to the public during usual business hours. This main office and the activities of the licensees …

(a) In the event a real estate broker maintains a branch office or offices, every such place of business shall comply with the provisions of N.J.A.C. 11:5-4.4 (Maintained offices). (b) No license shall be issued for a branch office situated in the dwelling premises of a referral …

(a) Every resident real estate broker shall establish and maintain, in an authorized financial institution in New Jersey, and every reciprocally licensed Real Estate broker shall establish and maintain in an authorized financial institution in New Jersey or the State wherein he h…

(a) No licensee shall accept funds or deposits from a prospective purchaser without ascertaining that there have been established by escrow, or otherwise, adequate precautions to safeguard such funds or deposits where the licensee knows, or conditions are such as to palpably give…

(a) Any broker who charges or collects an advance fee in excess of $ 25.00 for services to be rendered, such as, but not limited to advertising costs, under an advance fee agreement, shall within 90 days after such charge or collection furnish his principal with an accounting as …

(a) Every broker shall keep records as prescribed herein of all funds of others received by him or her for not less than six years from the date of receipt of any such funds. All such funds shall be deposited by the broker in accordance with the requirements of N.J.A.C. 11:5-5.1.…

(a) Every licensee shall make available for inspection by the Commission or its designated representatives all records of transactions, books of account, instruments, documents and forms utilized or maintained by such licensee in the conduct of the licensed business, which may be…

(a) Unless otherwise set forth herein, subsections (b) through (o) below shall apply to all categories of advertising including all publications, radio or television broadcasts, all electronic media including E-mail and the Internet, business stationery, business cards, business …

(a) A licensed referral agent's real estate brokerage-related activities shall be limited to: 1. Directing prospects to websites and other sources of information on real estate matters generally available to the general public; and 2. Referring prospects for the sale, purchase, e…

(a) The following paragraphs specify licensees' obligations to obtain written confirmation of the intentions of, and to deliver copies of documents to, parties to a real estate transaction. 1. Where a licensee memorializes the terms of an offer or counter-offer on a writing which…

Where a contract provided by a real estate broker contains a provision to the effect that such broker, in his capacity as a licensed insurance agent or broker, is authorized to place or procure insurance on the property being sold, the licensee benefitting by such a provision sha…

(a) All licensees are subject to and shall strictly comply with the laws of agency and the principles governing fiduciary relationships. In accepting employment as an agent, the licensee pledges himself to protect and promote, as he would his own, the interests of the client or p…

(a) Every person engaged in the business of referring, for a fee, prospective residential tenants to possible rental units shall be licensed in accordance with the New Jersey Real Estate License Act, N.J.S.A. 45:15-1 et seq., and shall comply with the provisions of this section i…