(a) Applicants for renewal of a broker's
license shall complete and submit a "Real Estate Commission Broker Renewal
Form", revised 7/2022, and include the following:
(2) If the applicant answered "yes" to the
question "Have you, since your last original or renewal application been
convicted of a felony or misdemeanor offense that has not been annulled by a
court?" provide the board with a thorough explanation of the circumstances
surrounding each incident including the name of the court, the details of the
offense, the date of the conviction, and the sentence imposed;
(3) If the applicant answered "yes" to
question "Have any licenses, which you have held been subject to disciplinary
action in any state since your last original or renewal application?" attach a
letter of explanation disclosing which jurisdiction(s), details of the
offense(s), and details of the disciplinary action(s);
(4) If the applicant answered "yes" to
question "Have you provided services as a broker in the State of NH since your
NH license ceased to be valid" attach a detailed explanation including dates
services were provided;
(5) For all
broker applicants, the applicant's attestation after the following statement:
"I have read and understand the provisions of New Hampshire
revised statutes RSA 331-A and the New Hampshire Real Estate administrative
rules, Rea 100 through 700. I attest that the information contained in this
form is true and correct to the best of my knowledge and belief and I further
acknowledge that the provision of materially false information in the
application knowingly provided is a basis for denial and if it is discovered
after the license is issued, is a basis for disciplinary action by the
commission."
(6) If the
applicant is a principal broker, the applicant's signature after the following
certification:
"As a principal broker, pursuant to RSA 331-A:13, V, I hereby
give permission to the Real Estate Commission to audit the escrow account or
accounts. I attest that I have read the forgoing statement and affixed my
signature below:"
(7) If
the applicant is a principal broker or managing broker, a copy of a surety bond
in the sum of not less than $25,000 to run concurrently with the dates of
licensure, executed by the applicant and by a surety company authorized to do
business in the state of New Hampshire.
(b) Applicants seeking renewal as an
associate broker or managing broker under (a) above or as a salesperson under
(c) below shall have their principal broker complete and submit the appropriate
sections of the "Real Estate Commission Salesperson, Associate Broker, and
Managing Broker Affiliation Form" revised 7/2022, indicated by principal
broker's signature after the following statement:
"Upon receipt of the license herein applied for, the above
named applicant will be employed by me or will otherwise be under contract with
me to perform services as a real estate licensee, and will work under my
supervision. I will display the salesperson, associate broker, or managing
broker's license prominently at my place of business, and when the salesperson,
associate broker, or managing broker's leaves my employ I will notify the New
Hampshire Real Estate Commission within 5 days, as required by RSA 331-A:17, IV."
(c) Applicants for
renewal of a salesperson's license shall complete and submit a "Real Estate
Commission Salesperson Renewal Form" revised 7/2022 and include the following:
(2) If the applicant answered "yes" to the
question "Have you, since your last original or renewal application, been
convicted of a felony or misdemeanor offense that has not been annulled by a
court?" the applicant shall provide the commission with a detailed explanation
of the circumstances surrounding each incident including the name of the
court(s), the details of the offense(s), the date of conviction(s), and the
sentence(s) imposed;
(3) If the
applicant answered "yes" to the question "Have any licenses, which you have
held, been subject to disciplinary action in any state since your last original
or renewal application?" the applicant shall attach a letter of explanation
disclosing which jurisdiction(s), details of offense(s), and details of
disciplinary action(s);
(4) If the
applicant answered "yes" to the question "Have you provided services as a
salesperson in the State of NH since your NH license ceased to be valid?"
attached a detailed explanation including dates services were
provided;
(5) The applicant's
attestation after the following statement:
"I have read and understand the provisions of New Hampshire
revised statutes, RSA 331-A and the Real Estate Commission administrative
rules, Rea 100 through 700. I attest that the information contained in this
form is true and correct to the best of my knowledge and belief and I further
acknowledge that the provision of materially false information in the
application knowingly provided is a basis for denial and if it is discovered
after the license is issued, is a basis for disciplinary action by the
Commission."
(6) The
principal broker shall sign and date below the following attestation:
"Upon receipt of the license herein applied for, the above
named applicant will be employed by me or will otherwise be under contract with
me to perform services as a real estate licensee, and will work under my
supervision. I will display the salesperson's license prominently at my place
of business, and when the salesperson leaves my employ I will notify the New
Hampshire Real Estate Commission within 5 days, as required by RSA 331-A:17."
(e) All broker and salesperson renewal
applicants shall complete continuing education requirements pursuant to
Rea 403.01.
(f) All licensees applying
to have their license renewed shall submit a continuing education certificate
pursuant to
RSA 331-A:19, containing the following:
(1) Name, address, license number, and
signature of renewal applicant;
(2)
Name and location of continuing education program;
(3) Date and number of credit hours obtained;
and
(4) Name of program
instructor.
(g) All
principal broker and managing broker renewal applicants shall submit to the
commission a surety bond in the sum of not less than $25,000 to run
concurrently with the dates of licensure, executed by the applicant and by a
surety company authorized to do business in the state of New
Hampshire.
(h) All applicants for
renewal of a broker license as a firm shall complete and submit a "Real Estate
Commission Firm Renewal Form", revised 7/2022, and include the fee required
pursuant to
Rea 301.02 and the firm's certificate of good standing from the
secretary of state. If the applicant is a non-resident, the applicant shall
include a signed "Real Estate Commission Irrevocable Uniform Consent to Service
of Process" dated 7/2022, as required by
RSA 331-A:22, II and sign the form
after the following statement:
"The undersigned applicant for licensure as a broker,
salesperson or broker firm in New Hampshire (Print Name of Person or Brokerage
Firm) does hereby irrevocably consent, stipulate and agree that suits, actions
and administrative proceedings may be commenced against such applicant in the
courts and agencies of this State, by the service of any process authorized by
the laws of this State on the Executive Director of the New Hampshire Office of
Professional Licensure and Certification and that service of such process upon
said Executive Director shall be taken and held in all courts to be as valid
and binding as if the service had been made upon said applicant in the State of
New Hampshire.
I, (Name of Applicant - individual, entity, or Brokerage
firm), am authorized to act on behalf of the Applicant, (if an entity or
brokerage firm), and agree that notice of service of process on the Executive
Director of the New Hampshire Office of Professional Licensing &
Certification ("OPLC"), shall be sent to, (check one), me as the Applicant -OR-
(name of person responsible for service upon the entity or Brokerage firm) at
the current address and/or email address on file with the OPLC."
(i) All applicants for renewal of
a broker license as a firm branch shall complete and submit a "Real Estate
Commission Firm Branch Renewal Form", revised 7/2022 and include the fee
required pursuant to
Rea 301.02 and the firm's certificate of good standing
from the secretary of state. If the applicant is a non-resident, the applicant
must include on the application a signed "Real Estate Commission Irrevocable
Uniform Consent to Service of Process" dated 7/2022, as required by
RSA 331-A:22, II.
Notes
N.H. Code Admin. R. Rea 401.01
#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
Amended by
Volume
XXXVII Number 28, Filed July 13, 2017, Proposed by #12213,
Effective 6/18/2017,
Expires 6/18/2027.
Amended by
Volume
XL Number 7, Filed February 13, 2020, Proposed by #12977-B,
Effective 1/23/2020,
Expires 1/23/2020
Amended by
Volume
XLII Number 45, Filed November 10, 2022, Proposed by #13464,
Effective 12/17/2022, Expires
12/17/2032
