The New Hampshire Real Estate Commission is the state agency that licenses salespersons and brokers, writes the ethical and operational rules they must follow, and disciplines those who violate them. It operates under RSA 331-A with authority to investigate complaints, audit broker escrow accounts, and impose fines of up to $2,000 per offense.1New Hampshire General Court. New Hampshire Revised Statutes Section 331-A:26 If you’re pursuing a license or working with an agent on a transaction, the sections below cover what the Commission requires and what it can do when things go wrong.
Who Sits on the Commission and What It Can Do
The Commission is a five-member body appointed by the governor with Executive Council approval: two licensed brokers, one licensed salesperson, one lawyer, and one public member with no ties to the industry.2New Hampshire General Court. New Hampshire Code 331-A:5 – Commission; Duty It sits inside the Office of Professional Licensure and Certification (OPLC), which handles administrative support.3NH Office of Professional Licensure and Certification. NH Real Estate Commission
Beyond issuing licenses, the Commission adopts administrative rules under RSA 541-A, codified in N.H. Code Admin. R. Rea 100 through 700, that cover licensing procedures, ethical standards, and licensee conduct.4NH Office of Professional Licensure and Certification. Real Estate Laws and Rules It can issue subpoenas, compel testimony, and review transaction records. In cases involving fraud or serious consumer harm, the Commission can refer matters to law enforcement for criminal prosecution.
Getting a Salesperson License
To qualify for a salesperson license, you must be at least 18 and complete a 40-hour pre-licensing course from a Commission-approved provider. At least 32 of those hours have to be in a classroom or a real-time internet live class; no more than 8 can come from self-paced distance learning.5Office of Professional Licensure and Certification. New Hampshire Real Estate Commission Candidate Information Bulletin Coursework covers contract law, property rights, financing, and fair housing.
Before your application goes in, you’ll need a criminal history records check through the New Hampshire Division of State Police, plus criminal record reports from any other jurisdiction where you’ve been convicted of a misdemeanor or felony.6New Hampshire General Court. New Hampshire Code 331-A:10-a – Criminal Records Check You also need a licensed broker willing to sponsor you. Without sponsorship, your license cannot be activated.
Moving Up to a Broker License
Brokers face a higher bar. You need at least one year of active, full-time experience as a licensed salesperson, plus 60 additional hours of broker pre-licensing education covering agency law, trust account management, and business operations.7Legal Information Institute. New Hampshire Code Rea 301.03 – Filing Requirements Brokers also have to demonstrate financial responsibility, particularly the ability to maintain a proper escrow account for client funds. A broker can operate independently, manage a firm, and hold client escrow money; a salesperson cannot.
The Licensing Exam
Both salesperson and broker candidates take a two-part exam: a national portion with 80 questions and a state-specific portion with 40 questions. You need at least 70% on each portion.8Office of Professional Licensure and Certification. New Hampshire Real Estate Commission License Examinations
Two deadlines catch candidates off guard. Your pre-licensing education must have begun within six months of your exam date, and once you register for the exam, you have three months to sit for it.7Legal Information Institute. New Hampshire Code Rea 301.03 – Filing Requirements Missing either one means starting over with new coursework or a new registration.
If You’re Licensed in Another State
New Hampshire does not offer a shortcut for out-of-state agents. If you’re licensed elsewhere, you must meet every requirement resident applicants face: the same education, the same exam, the same background check.9New Hampshire General Court. New Hampshire Revised Statutes Section 331-A:22 – Nonresidents
Nonresident applicants also file an irrevocable consent allowing lawsuits to be brought against them in any New Hampshire county where a dispute arises or where the other party lives. The consent authorizes a Commission member or its executive director to accept legal papers on the nonresident’s behalf, and courts treat that service as if the papers were handed to the licensee in person.9New Hampshire General Court. New Hampshire Revised Statutes Section 331-A:22 – Nonresidents
Continuing Education and the First-Renewal Trap
Every two years, licensees must complete 15 hours of continuing education: a 3-hour core course covering legislative updates and ethical topics, plus 12 hours of Commission-approved electives.10NH Office of Professional Licensure and Certification. Real Estate Education Requirements Fall short and you can’t renew until the hours are complete.
New salespersons face something different at their first renewal. Instead of the standard 12 elective hours, they must complete 12 hours of post-licensing courses on four required topics: purchase-and-sale contracts, ethical behavior, disclosure forms, and agency relationships. Those 12 hours have to be in a classroom or live internet class; self-paced distance learning does not count. Together with the 3-hour core course, first renewal totals 15 hours.10NH Office of Professional Licensure and Certification. Real Estate Education Requirements Treat the first renewal as routine paperwork and you’ll miss the post-licensing requirement.
Application and Renewal Fees
The fees paid to OPLC are:
- Salesperson application: $99
- Salesperson renewal: $99
- Broker application (associate, principal, or managing): $121
- Broker renewal: $121
These are separate from exam registration fees, background check costs, and education expenses.11NH Office of Professional Licensure and Certification. Real Estate License Fees
Escrow Account Rules for Brokers
Every principal broker must maintain at least one escrow account, completely separate from personal or business funds, at an insured financial institution within New Hampshire. When a purchase contract is fully signed, the deposit has to be placed into that account promptly.12Justia. New Hampshire Code 331-A:13 – Escrow Accounts of Broker; Interest; Audit
Several rules trip brokers up in practice. You cannot write checks against deposits that haven’t cleared. Any interest the escrow account earns belongs to the party who made the deposit and counts toward the purchase price unless all parties agree otherwise in writing. Deposits stay in escrow until closing, a signed written release from the parties, or a court order. A broker who holds a deposit more than 90 days past the closing date without any of those resolutions can begin a formal release by sending certified mail to all parties, giving them 60 days to act. And upon licensure, every principal broker signs a standing permit letting the Commission audit escrow accounts at any time.12Justia. New Hampshire Code 331-A:13 – Escrow Accounts of Broker; Interest; Audit
Failing to promptly deposit trust funds or reconcile escrow records monthly is specifically called out in statute as a prohibited practice.13New Hampshire General Court. New Hampshire Revised Statutes Section 331-A:28 Mishandling escrow is one of the most serious violations the Commission investigates.
Disclosing the Brokerage Relationship
Agents must disclose their brokerage relationship to consumers in writing at the first business meeting, using the Commission’s official Brokerage Relationship Disclosure Form. The form explains whether the agent represents the buyer, the seller, both parties as a disclosed dual agent, or is acting as a facilitator.14Legal Information Institute. New Hampshire Code Rea 701.01 – Brokerage Relationship Disclosure
Open houses have a practical exception: if the listing agent posts a sign or pamphlet clearly stating their relationship with the seller, they don’t need to hand a form to every visitor. In any other face-to-face business context, the disclosure must happen immediately. If a consumer refuses to sign, the licensee notes the refusal on a copy and keeps it for at least three years.14Legal Information Institute. New Hampshire Code Rea 701.01 – Brokerage Relationship Disclosure
Complaints and Investigations
Consumers, other licensees, or the Commission itself can start a complaint. Complaints go in writing with supporting documentation. Conduct that commonly lands licensees in trouble includes misrepresenting property conditions, failing to disclose material facts, converting client funds, and advertising without proper broker identification.1New Hampshire General Court. New Hampshire Revised Statutes Section 331-A:26
Investigators first determine whether the matter falls within Commission authority. If it does, they gather records, interview witnesses, and can subpoena documents. The licensee under investigation must respond within the timeframe stated in the notice. Ignoring a Commission demand for information is itself a violation that can trigger separate discipline.1New Hampshire General Court. New Hampshire Revised Statutes Section 331-A:26
Penalties the Commission Can Impose
When a violation is confirmed, the licensee receives written notice outlining the violations, the evidence, and the potential consequences. Formal hearings follow New Hampshire’s Administrative Procedure Act, with both sides presenting evidence and testimony under oath.
For each offense, the Commission can:
- Fine the licensee up to $2,000
- Require completion of courses in the area of practice violated
- Suspend or revoke the license, temporarily or permanently
- Issue cease and desist orders, particularly against unlicensed individuals engaged in brokerage activity
The statute lists over a dozen grounds for discipline, from obtaining a license through fraud to being convicted of crimes like embezzlement, forgery, or drug distribution. A guilty plea or a deferred sentence counts as a conviction for Commission purposes.1New Hampshire General Court. New Hampshire Revised Statutes Section 331-A:26
Challenging a Commission Decision
A licensee who disagrees with a Commission decision must first file a motion for rehearing within 30 days of the order, specifying every ground for the challenge.15New Hampshire General Court. New Hampshire Revised Statutes Section 541:3 – Motion for Rehearing Skipping this step forecloses court review.
If the rehearing is denied, or if the Commission issues a new decision after rehearing that the licensee still disputes, the licensee has 30 days to appeal by petition to the New Hampshire Supreme Court.16New Hampshire General Court. New Hampshire Code 541:6 – Appeal The court reviews whether the decision rested on substantial evidence and followed proper procedures. Appellate courts generally defer to the Commission on factual findings, so overturning a decision typically requires showing a legal error or a due process failure rather than a disagreement over how the evidence was weighed. Unless a license has been suspended or revoked, the licensee can usually continue practicing during the appeal.