331-A:22-a Practice by Brokers of Other Jurisdictions. – 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 licensed […]
331-A:23 Denial of Recognition. – 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 revoked or suspended […]
331-A:24 Fees. – The commission shall establish fees sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the commission for the previous fiscal year, and sufficient to provide for periodic payments to reimburse the general fund for money appropriated for the purposes of this chapter. Source. 1993, 348:1, […]
331-A:24-a Notice of Rulemaking Proceeding. – Notwithstanding RSA 541-A:6, III, the notice of rulemaking proceedings shall be provided by U.S. mail by the commission to any person licensed under this chapter who pays a reasonable fee to the commission for the postage and preparation of such mailings. Such reasonable fee shall be set by […]
331-A:24-b Repealed by 2010, 304:10, eff. Sept. 11, 2010. –
331-A:25 Rulemaking. – 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. Fees for examinations, continuing education courses, licenses, late renewal penalty, educational course evaluations, administrative […]
331-A:25-a Licensee; Scope of Agency; Interpretation. – 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 disclosed dual agent, […]
331-A:25-b Seller Agent; Duties. – 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 stated […]
331-A:25-c Buyer Agent; Duties. – 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 […]
331-A:25-d Disclosed Dual Agent; Duties. – 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 […]
331-A:25-e Duty of a Designated Agent. – 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. […]
331-A:25-f Facilitator; Duties. – 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 subject property of which the facilitator has actual […]
331-A:25-g Certain Contracts Prohibited. – 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. […]
331-A:26 Prohibited Conduct. – 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 331-A:28: I. Obtaining or attempting to obtain a license by means of fraud, misrepresentation, or concealment. II. Violating any of the provisions of this […]
331-A:27 Mistake. – Any license obtained through the mistake or inadvertence of the executive director shall be subject to revocation. Source. 1993, 348:1, eff. Jan. 1, 1994.
331-A:28 Disciplinary Actions; Appeals; Cease and Desist Orders. – I. The commission may investigate the actions of any person engaged in the business or acting in the capacity of a real estate broker or real estate salesperson, regardless of whether the transaction was for the person’s own account or in the capacity as broker […]
331-A:29 Investigation Procedures. – In addition to the requirements of RSA 541-A and other specific statutes, the commission shall comply with the following procedures when investigating complaints: I. Upon receipt of a complaint, the executive director or his or her designee shall be responsible for investigation of the complaint. Upon completion of the investigation […]
331-A:3 Prohibition. – 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. Source. 1993, 348:1, eff. Jan. 1, 1994.
331-A:30 Hearing Procedures. – In addition to the requirements of RSA 541-A and other specific statutes, the following shall apply to hearings conducted pursuant to the provisions of this chapter: I. The commission shall give the licensee, accredited individual, institution or organization, or person charged with practicing unlawful brokerage activity at least 14 days’ […]
331-A:31 Payment by State. – The cost and expenses of hearings conducted under RSA 331-A:30 shall be paid by the state. The governor is authorized to draw the warrant for the said sums out of any money in the treasury not otherwise appropriated. Source. 1993, 348:1, eff. Jan. 1, 1994.
