N.H. Admin. Code § Rea 301.01

Current through Register No. 42, October 17, 2024
Section Rea 301.01 - Application Form
(a) All applicants for licenses under RSA 331-A as brokers shall complete and submit the following:
(1) A"Real Estate Broker Application Form", revised 9/4/2019, which includes the following:
a. A statement that the applicant has completed a "Criminal History Record Information Release Authorization Form," also known as DSSP256, and submitted the form to the department of safety, division of state police, with the board identified as the recipient of the record or records, as required by RSA 331-A:10-a;
b. Signed affidavits from three character references, as required by RSA 331-A:12, II, which states the following:

"I, the undersigned, on oath depose and say that I am in no way related to the applicant by either blood or marriage, and that said applicant for a real estate license is a person of good repute, trustworthy and entitled to public confidence and that I know of no circumstance or dealing by the applicant which would disqualify him/her for the license applied for."

c. The applicant's signature after the following certification:

"I have read and understand the state statutes 331-A and the administrative rules. 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 board:";

d. If the applicant is a non-resident, a signed irrevocable consent and power of attorney statement, as required by RSA 331-A:22, II
e. A signed statement from the employing broker, listing the principal broker's license number, certifying that the applicant was employed by him or her as a real estate salesperson, listing the dates and the number of hours per week of that employ and whether the applicant was employed full time or part time.
(2) If the applicant answered "yes" to questions 1-6 and 9 on the "Real Estate Broker Application Form", a sheet of paper attached to the application giving full details and an explanation;
(3) If the applicant answers "yes" to question 5 of the "Real Estate Broker Application Form", an "Arrest and Conviction Form", effective June 2017 and available on the commission's website, including an attachment that explains the circumstances surrounding any arrest or conviction; and
(4) If using a trade name, a "Trade Name Registration and Re-Registration" form, revised 9/2019.
(b) Applicants for licenses under (a) above and (c) below shall have their prospective principal broker complete the applicable sections, which shall include an attestation by the principal broker that the applicant is of good moral character and is trustworthy, indicated by the principle broker's signature under the following certification:

"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 his/her license prominently at my place of business, and when he/she leaves my employ I will immediately notify the New Hampshire Real Estate Commission within 5 days, as required by RSA 331-A:17, IV.

To the best of my knowledge the applicant is of good moral character and is trustworthy."

(c) All applicants for licenses under RSA 331-A as salespersons shall complete and submit a "Real Estate Salesperson Application Form" , revised 9/4/2019, which includes the following:
(1) A statement that the applicant has completed a "Criminal History Record Information Release Authorization Form," also known as DSSP256, and submitted the form to the department of safety, division of state police, with the board identified as the recipient of the record or records, as required by RSA 331-A:10-a;
(2) Signed affidavits from three character references, as required by RSA 331-A:12, II, which states the following:

"I, the undersigned, on oath depose and say that I am in no way related to the applicant by either blood or marriage, and that said applicant for a real estate license is a person of good repute, trustworthy and entitled to public confidence and that I know of no circumstance or dealing by the applicant which would disqualify him/her for the license applied for."

(3) The applicant's signature after the following certification:

"I have read and understand the state statutes 331-A and the administrative rules. 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 board:"; and

(4) If the applicant is a non-resident, a signed irrevocable consent and power of attorney statement, as required by RSA 331-A:22, II.
(5) If the applicant answered "yes" to question 1 through 6 on the "Real Estate Salesperson Application Form", a sheet of paper attached to the application giving full details and an explanation;
(d) All applicants for a broker license as a firm under RSA 331-A shall submit the following:
(1) A completed "Real Estate Commission Firm Application" form, revised 9/2019;
(2) A current certificate for the firm name from the New Hampshire secretary of state's office; and
(3) If the applicant is a non-resident, a signed irrevocable consent and power of attorney statement, as required by RSA 331-A:22, II.
(e) All applicants for a broker license as a firm branch shall complete and submit a "Firm Branch Application" form, revised9/2019.If the applicant is a non-resident, the applicant must sign an irrevocable consent and power of attorney statement, as required by RSA 331-A:22, II.
(f) Principal broker and managing broker applicants shall submit to the commission a surety bond in the sum of $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.

N.H. Admin. Code § Rea 301.01

#2130, eff 8-30-82; ss by #2847, eff 9-19-84; amd by #4559, eff 12-28-88; Rea 301.01(a) EXPIRED: 9-19-90

New. #5569, eff 2-11-93, EXPIRED: 2-11-99

New. #7162, INTERIM, eff 12-18-99, EXPIRED: 4-16-00

New. #7264, eff 5-6-00; amd by #7520, eff 6-28-01; ss by #8832, eff 5-1-07; 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