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Practice Of Real EstateLicense LawHARD

New Hampshire homeowner Frank owns a 12-unit residential apartment building in Nashua and personally manages all leasing activities, including showing units, collecting rents, and executing leases. Frank does not hold a real estate license. Under RSA Chapter 331-A, which of the following best describes Frank's legal status?

Correct Answer

B) Frank is exempt from licensing requirements because he is managing property that he personally owns.

Under RSA 331-A, owners who personally manage their own property are exempt from the real estate licensing requirement. The licensing law is designed to regulate those who perform real estate services on behalf of others for compensation. Frank, as the owner of the building, may lawfully manage his own property without a license, regardless of the number of units.

Answer Options
A
Frank is violating RSA 331-A because managing more than four residential units requires a real estate license in New Hampshire.
B
Frank is exempt from licensing requirements because he is managing property that he personally owns.
C
Frank is violating RSA 331-A because collecting rents and executing leases are activities that always require licensure.
D
Frank must obtain a property management license, which is a separate license category under NHREC distinct from a broker license.

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Related Topics & Key Terms

Key Terms:

license_exemptionowner_managerproperty_managementrsa_331_anhrec

Related Concepts

Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

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