Chapter 1 of 1630% of exam

New Hampshire License Law and the Real Estate Commission

New Hampshire real estate practice is governed by RSA 331-A, the Real Estate Practice Act, administered by the New Hampshire Real Estate Commission within the Office of Professional Licensure and Certification (OPLC). This chapter covers the Commission's authority, the broker credential, and the license structure a broker candidate must understand.

The Commission and RSA 331-A

The New Hampshire Real Estate Commission operates under RSA 331-A and is housed within the OPLC. The Commission licenses brokers and salespersons, adopts rules, investigates complaints, and may deny, suspend, or revoke a license and impose administrative fines. A person who, for a fee, sells, lists, leases, or negotiates real estate for others must be licensed unless a statutory exemption applies, such as an owner acting on their own property or a licensed attorney within their practice.

Broker Versus Salesperson

A New Hampshire broker license is the higher credential and requires prior experience as an actively licensed salesperson plus additional broker education before examination. A salesperson may perform licensed activity only under the supervision of a broker, while a broker may operate independently, open a firm, hold client funds in trust, and supervise affiliated licensees. All licensed activity of a salesperson is conducted in the name of, and under the responsibility of, the supervising broker.

Enforcement and Consumer Protection

The Commission may discipline licensees for conduct such as commingling trust funds, substantial misrepresentation, failing to give required agency or property disclosures, and dishonest dealing. Grounds and procedures are set in RSA 331-A and the Commission's administrative rules. Because the OPLC consolidates many licensing boards, brokers should confirm current rule citations and renewal requirements at the time of application, as administrative organization and rule numbering are periodically updated.

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