HB 1354 (2022)

Allows a real estate licensee to receive compensation for prior activities while on inactive status and modifies the procedure for out-of-state licensees to be recognized for licensure in this state.

According to Rep. Tony Lekas writing on behalf of the House Executive Departments and Administration Committee, "This bill does two things regarding the licensure of real estate brokers and sales persons. First, currently, if a real estate broker or salesperson makes a referral for which their contract with the broker provides for future compensation (for example if a sale closes or a lease is renewed) statute prohibits the broker from paying that contractually agreed on compensation if the real estate broker’s license becomes inactive in the meantime. Their license might go inactive if they stop working as a broker because they retired, became unable to do the work due to illness, or because they chose to pursue different work. This bill would not permit a real estate broker or salesperson from doing new work with an inactive license. However it would permit them to be paid for work which they did while their license was active. Second, currently, if a real estate broker or salesperson comes to New Hampshire and wishes to practice here they can get a New Hampshire license based on their active license from another jurisdiction only if that jurisdiction has previously entered into a licensing reciprocity agreement with New Hampshire. The problem is that many states don’t join such agreements. As a result, real estate brokers or salespeople who come here must start the licensing procedure from the beginning even though they may have many years of experience. This bill as amended would grant such person a New Hampshire license so long as they hold an active real estate license from another jurisdiction, have passed the national portions of the licensing examination, and passed the New Hampshire portion of the licensing examination. If the license they have from another jurisdiction did not require passing the national portions of the licensing examination they would have to pass it prior to getting a New Hampshire license."