1.1 New Hampshire Real Estate Commission
Key Takeaways
- The New Hampshire Real Estate Commission operates within the Office of Professional Licensure and Certification (OPLC) and enforces RSA 331-A, the New Hampshire Real Estate Practice Act.
- The Commission has five members: two licensed brokers, one licensed salesperson, one attorney, and one public member.
- The Commission adopts administrative rules in Chapter Rea 100-700 governing licensing, education, advertising, escrow, and agency disclosure.
- Disciplinary powers include denial, suspension, revocation, probation, mandatory education, and fines.
- The state exam tests the Commission's structure, its statutory authority under RSA 331-A, and the difference between statute and administrative rule.
The Commission Inside the OPLC
The New Hampshire Real Estate Commission is not a standalone agency. Since 2015 it operates within the Office of Professional Licensure and Certification (OPLC), the umbrella body that houses most of New Hampshire's occupational boards. OPLC handles the administrative back office (application intake, fee collection, the online portal at oplc.nh.gov), while the Commission itself sets policy, approves schools and courses, and decides disciplinary cases.
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Why the OPLC distinction matters on the exam
A common trap question asks "who issues your license?" The technically correct answer involves the OPLC processing the paperwork under the Commission's authority. The Commission is the policy and disciplinary body; OPLC is administrative support. Both operate under RSA 331-A.
Commission Membership (RSA 331-A:3)
The Commission is composed of five members appointed by the Governor and Council. Memorize this exact mix, because the exam loves to swap one seat for a wrong number.
| Seat | Number | Requirement |
|---|---|---|
| Licensed brokers | 2 | Active NH broker license, 5+ years experience |
| Licensed salesperson | 1 | Active NH salesperson license |
| Attorney | 1 | Licensed to practice law in NH |
| Public member | 1 | A member of the public, not a real estate licensee |
| Total | 5 | Staggered terms |
The single public member seat exists so that consumer interests are represented; trick options will say "two public members" or "no public member." There is exactly one. Likewise there is exactly one attorney and one salesperson; the broker seats are the only ones that come in a pair.
Which statement correctly describes the membership of the New Hampshire Real Estate Commission?
RSA 331-A vs. the Rea Rules: Statute Beats Rule
New Hampshire real estate regulation comes in two layers, and the exam expects you to tell them apart.
- RSA 331-A (the New Hampshire Real Estate Practice Act) is the statute, enacted by the Legislature. It defines who must be licensed, lists exemptions, sets disciplinary grounds, and authorizes the Commission to exist and to make rules.
- Chapter Rea 100-700 (administrative rules) are the Commission's rules, adopted under the statute's authority. They fill in operational detail: application forms, course approval, advertising standards, escrow procedures, and agency disclosure mechanics.
A rule can never contradict the statute. If a Rea rule conflicts with RSA 331-A, the statute controls. The Rea numbering roughly tracks subject matter:
| Rule Series | General Subject |
|---|---|
| Rea 100 | Organizational / definitions |
| Rea 200 | License application procedures |
| Rea 300 | Fees |
| Rea 400 | Education and course approval |
| Rea 500 | Conduct of business (advertising, escrow, disclosure) |
| Rea 600 | Disciplinary procedures |
| Rea 700 | Continuing education |
Who must be licensed
RSA 331-A requires a license for anyone who, for another and for compensation, sells, lists, leases, manages, or negotiates real estate. The "for another and for a fee" test is the heart of it. Exemptions include property owners selling their own property, licensed attorneys performing legal duties, court-appointed persons (executors, trustees, receivers), and certain salaried employees managing property for a single owner.
Common trap: An owner selling their own land needs no license, but the moment they sell for another and accept compensation, the exemption evaporates. Both prongs must hold for the exemption to apply.
Enforcement and Disciplinary Authority
The Commission investigates complaints, audits broker escrow (trust) accounts, holds hearings, and imposes sanctions when RSA 331-A or the Rea rules are violated. It may act on a consumer complaint, a referral, or its own motion.
Disciplinary tools available
| Action | Effect |
|---|---|
| License denial | Refuse to issue a license to an applicant |
| Reprimand | Formal written censure on the record |
| Probation | Active license subject to conditions/monitoring |
| Required education | Mandatory remedial coursework |
| Suspension | Temporary loss of the right to practice |
| Revocation | Termination of the license |
| Administrative fine | Monetary penalty per violation |
Grounds for discipline (high-yield examples)
- Making a substantial misrepresentation or false promise.
- Commingling or converting client/escrow funds with the licensee's own money.
- Acting for more than one party without all parties' informed consent (undisclosed dual agency).
- Failing to account for or remit money belonging to others.
- Conviction of a crime involving dishonesty, fraud, or moral turpitude.
- Practicing on a lapsed, suspended, or revoked license.
Worked scenario
A salesperson deposits an earnest-money check into their personal checking account "just for a few days" before forwarding it to the broker. Even with no loss to the buyer, this is commingling/conversion of escrow funds, an independent disciplinary ground. The defense "the client got the money back" does not erase the violation. Expect the exam to test the act, not the eventual outcome.
Exam tip: Recent updates effective October 1, 2024 added mandatory post-licensing education for first-time licensees (covered in section 1.3). Disciplinary records and license status are publicly searchable through the OPLC Online License Verification system at oplc.nh.gov.
A New Hampshire Rea administrative rule appears to conflict with a provision of RSA 331-A. Which controls?
Which activity, performed for another person and for compensation, would NOT require a New Hampshire real estate license?