Revision: Dec. 31, 2018, 1:02 p.m.
HB 355 - AS INTRODUCED
2019 SESSION
19-0754
10/01
HOUSE BILL 355
AN ACT relative to regulation by the New Hampshire real estate commission.
SPONSORS: Rep. Flanagan, Hills. 26; Rep. Chirichiello, Rock. 6
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill makes changes to the regulation of real estate brokers and salespersons including criminal records checks, inactive status, reciprocity, prohibited conduct, and required information.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0754
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to regulation by the New Hampshire real estate commission.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraphs; Real Estate Practice Act; Criminal Records Check. Amend RSA 331-A:10-a by inserting after paragraph III the following new paragraph:
IV. An individual with a criminal record may petition the commission at any time, including before obtaining any required education or before application for licensure, for a determination of whether the individual's criminal record will disqualify the individual from obtaining a real estate license.
V. Pursuant to RSA 651:5, this section shall not apply to a conviction that has been annulled by a court.
2 Reciprocity; Broker's License. Amend RSA 331-A:11-a to read as follows:
331-A:11-a Reciprocity for Licensure. If an applicant holds an active real estate broker or salesperson license in good standing, and issued by full examination in accordance with the laws of another jurisdiction, that applicant may apply for and be granted an original New Hampshire license by first taking the New Hampshire portion of the licensing examination, provided the jurisdiction that issued such nonresident license has previously entered into a licensing reciprocity agreement which has been approved by the commission, and provided that other requirements of the commission have been met. This section applies to nonresident salesperson and broker applicants only when such applicants are applying for an original New Hampshire salesperson or broker license.
3 Inactive Status; Commissions. Amend RSA 331-A:12-a, I to read as follows:
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 the license while not engaged in any brokerage activities, including [the receiving of referral fees or any other form of compensation] making any referrals for commission or for other compensation, or for the promise of such commission or other compensation, may surrender that license to the commission for placement on inactive status. Provided, however, that while on inactive status, the licensee may be compensated by his or her previous responsible broker for brokerage activities or referrals for which the licensee participated while the licensee was active, pursuant to RSA 331-A:26, XXIV. The commission shall place the licensee on inactive status only upon a written request by the licensee. While on inactive status, the licensee shall renew the license biennially by satisfying the renewal requirements under RSA 331-A:19 and the continuing education requirements adopted by the commission, but is not required to maintain a place of business, or in the case of a licensed principal or managing broker, to maintain a surety bond pursuant to RSA 331-A:14.
4 License Amendments; Contact Information. Amend RSA 331-A:17, III to read as follows:
III. It is the responsibility of all licensees to notify the commission in writing within 10 days of any changes to the licensee's resident address, mailing address [and], contact phone number, work location address, legal name, and trade names.
5 Seller's Agent; Brokerage Relationship Disclosure. Amend RSA 331-A:25-b, II(b) to read as follows:
(b) The ability to provide assistance to the buyer or tenant by performing ministerial acts such as showing property, preparing offers or agreements, and conveying those offers or agreements to the seller or landlord and providing information and assistance concerning professional services not related to the real estate brokerage services. Performing ministerial acts for the buyer or tenant shall not be construed as violating the brokerage agreement with the seller or landlord, provided that [agency disclosure] a brokerage relationship disclosure has been given in writing to the buyer or tenant. Performing ministerial acts for the buyer or tenant shall not be construed as forming an agency relationship with the buyer or tenant.
6 Buyer's Agent. Amend RSA 331-A:25-c, II(b) to read as follows:
(b) The ability to provide assistance to the seller or landlord by performing ministerial acts such as showing property, preparing offers or agreements, and conveying those offers or agreements to the buyer or tenant and providing information and assistance concerning professional services not related to the real estate brokerage services. Performing ministerial acts for the seller or landlord shall not be construed as violating the brokerage agreement with the buyer or tenant, provided that [agency disclosure] a brokerage relationship disclosure has been given in writing to the seller or landlord. Performing ministerial acts for the seller or landlord shall not be construed as forming an agency relationship with the seller or landlord.
7 Prohibited Conduct; Convictions. Amend RSA 331-A:26, III to read as follows:
III. Being convicted in a court of competent jurisdiction of this or any other state, or federal court, of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, sexual crimes, drug distribution, arson, physical violence, or any similar offense or offenses; provided that, for the purposes of this section being convicted shall include all instances in which a plea of guilty or nolo contendere is the basis for the conviction, and all proceedings in which the sentence has been deferred or suspended. Pursuant to RSA 651:5, this section shall not apply to a conviction that has been annulled by a court.
8 Prohibited Conduct; Discrimination. Amend RSA 331-A:26, XVII to read as follows:
XVII. Discrimination against any person in hiring or in sales or rental activity, on the basis of race, color, creed or national origin, or violating any of the provisions of any state or federal antidiscrimination law. A certified copy of the final holding of any court of competent jurisdiction in such matter, or a certified copy of the order issued by any state or federal administrative agency having jurisdiction in such matter, shall be conclusive evidence in any hearing conducted under this chapter.
9 Prohibited Conduct; Payment of Compensation. Amend RSA 331-A:26, XXIV to read as follows:
XXIV. Paying or offering to pay valuable consideration, as defined by the commission, to any person who is either not licensed under this chapter or not exempt from licensure under RSA 331-A:4, except that valuable consideration may be shared with a licensed broker of another jurisdiction who is doing business regularly and legally within that broker's own jurisdiction. No licensee shall knowingly pay a commission or other valuable consideration to a licensed person knowing that the licensee will in turn pay a portion or all of that which is received to a person who does not hold a valid real estate license or is not exempt under RSA 331-A:4. A licensee who has allowed his or her license to expire or who has changed to inactive status or who has transferred to another responsible broker may receive compensation from the previous responsible broker for transactions in which the person participated during the time that the licensee was under the supervision of that responsible broker.
10 Prohibited Conduct; Convictions. Amend RSA 331-A:26, XXXVII to read as follows:
XXXVII. Failing to inform the commission in writing within 30 days of being convicted in a court of competent jurisdiction of this or any other state or federal court, of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, or any similar offense or offenses, or an offense or offenses involving sexual crimes, drug distribution, arson, or physical violence; provided that, for the purposes of this paragraph, being convicted shall include all instances in which a plea of guilty or nolo contendere is the basis for the conviction, and all proceedings in which the sentence has been deferred or suspended. [This paragraph applies only when the conviction has not first been annulled by a court pursuant to RSA 651:5.] Pursuant to RSA 651:5, this paragraph shall not apply to a conviction that has been annulled by a court.
11 Civil Actions. Amend RSA 331-A:32, II to read as follows:
II. No salesperson or associate broker may sue in such person's own capacity for the recovery of a fee, commission or compensation for services as a salesperson or associate broker unless the action is against the principal broker with whom the person is licensed or was licensed with at the time the act or service was performed.
12 Effective Date. This act shall take effect 60 days after its passage.