The New Hampshire Real Estate Commission (NHREC) has broad authority over licensed real estate professionals under RSA Chapter 331-A. All of the following are powers granted to the NHREC EXCEPT:
Correct Answer
A) Setting the maximum commission rates that brokers may charge clients for real estate services.
The NHREC does NOT have the authority to set maximum commission rates. Commission rates in New Hampshire, as in all states under federal antitrust law, are negotiable between the broker and the client. Any attempt by a regulatory body or industry group to fix or mandate commission rates would violate federal antitrust law (Sherman Antitrust Act). This is a power the NHREC does not possess.
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Related Topics & Key Terms
Key Terms:
Related Concepts
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.
In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.
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