SB459: making certain changes to the real estate practice act.

CHAPTER 227

SB 459 – FINAL VERSION

02/19/04 0410s

29Apr2004… 0981h

05/25/04 1657cofc

2004 SESSION

04-3172

08/09

SENATE BILL 459

AN ACT making certain changes to the real estate practice act.

SPONSORS: Sen. Gallus, Dist 1; Sen. Sapareto, Dist 19, Sen. Clegg, Dist 14; Sen. Martel, Dist 18; Rep. Woodward, Coos 3; Rep. S. Eaton, Graf 9

COMMITTEE: Public Affairs

ANALYSIS

This bill makes certain changes to the real estate practice act.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/19/04 0410s

29Apr2004… 0981h

05/25/04 1657cofc

04-3172

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT making certain changes to the real estate practice act.

Be it Enacted by the Senate and House of Representatives in General Court convened:

227:1 Definition. Amend RSA 331-A:2, I-b to read as follows:

I-b. “Associate broker” means any person who is licensed as a real estate broker, but who is employed by a principal broker or under contract, expressed or implied, to a principal broker and in addition operates under the supervision of a principal broker to participate in any activity described in paragraph III of this section.

227:2 Real Estate Licensure; Qualifications. Amend RSA 331-A:10, I (b) to read as follows:

(b) Has successfully completed an examination administered or approved by the commission which demonstrates satisfactory knowledge and understanding of the principles of real estate practice. The executive director shall only accept for [registration to take the examination for a salesperson’s license] licensure, an applicant who shows proof of completion of 40 hours of approved study which shall have been completed prior to the date of the applicant’s examination;

227:3 Real Estate Licensure; Qualifications. Amend RSA 331-A:10, II (b) to read as follows:

(b) Has successfully completed an examination administered or approved by the commission which demonstrates satisfactory knowledge and understanding of the principles of real estate practice. The executive director shall only accept for [registration to take the examination for a broker’s license] licensure, an applicant who shows proof of completion of 60 hours of approved study which shall have been completed prior to the date of the applicant’s examination;

227:4 License Amendments. Amend RSA 331-A:17, IV to read as follows:

IV. The license of a real estate salesperson or associate broker shall be retained at all times by the broker and whenever a licensed salesperson or associate broker changes his or her affiliation from one licensed broker to another or ceases to represent the broker, the broker shall notify the commission in writing of the termination. Such notice shall be accompanied by the salesperson’s or associate broker’s license. Failure of any broker to notify the commission of such salesperson’s or associate broker’s termination within 10 days after demand by the salesperson or associate broker shall be grounds to discipline the broker.

227:5 Expiration and Lapse of License. RSA 331-A:18 is repealed and reenacted to read as follows:

331-A:18 Lapse of License.

I. If a license is not renewed before the expiration date, then the license is deemed to have expired, and a licensee may renew an expired license up to 6 months after its expiration date by complying with the requirements of RSA 331-A:19 and by submitting the required late fee.

II. If an expired license is not renewed within 6 months under paragraph I, then the license is deemed to have lapsed and such person may obtain a license only by qualifying anew as an original applicant. However, the commission may renew a lapsed license for good cause shown within a reasonable time not to exceed one year from the date of expiration.

III. If a license expires or lapses as a result of a person being ordered to active duty with the armed forces, the 6-month time period for complying with the requirement of RSA 331-A:19 shall begin upon the licensee’s date of discharge or release from active duty, and the late fee shall be waived.

IV. The rights of the licensee under such expired or lapsed license shall be terminated. It shall be unlawful to act or attempt or offer to act in any matter as a real estate broker or salesperson under an expired or lapsed license.

227:6 Prohibited Conduct. 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.

227:7 New Paragraph; Prohibited Conduct. Amend RSA 331-A:26 by inserting after paragraph XXXVII the following new paragraph:

XXXVIII. Submitting a property owner’s name to any electronic database or multiple listing service that may be accessed by any other person other than the property owner’s broker without the express written permission of the property owner.

227:8 Effective Date.

I. Section 7 of this act shall take effect January 1, 2005.

II. The remainder of this act shall take effect 60 days after its passage.

(Approved: June 11, 2004)

(Effective Date: I. Section 7 shall take effect January 1, 2005.

II. Remainder shall take effect August 10, 2004.)