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Practice Of Real EstateLicense LawHARD

Robert holds a New Hampshire associate broker license with XYZ Realty. He has passed the broker exam and applied for a broker license, but his application is still pending with NHREC. While his application is pending, a client asks Robert to independently list her property under his own name, promising him a full commission. Which of the following BEST describes the legal and regulatory consequences Robert faces if he accepts this listing?

Correct Answer

A) Robert is subject to disciplinary action by NHREC because acting independently without an active broker license constitutes a violation of RSA 331-A.

Under RSA 331-A, a licensee must hold an active, issued broker license before operating independently. Passing the broker exam and having a pending application does not grant broker-level authority. Robert remains an associate broker until NHREC formally issues his broker license. Accepting an independent listing, receiving direct compensation from a client, and acting outside the supervision of his current broker all constitute violations of RSA 331-A. NHREC may impose disciplinary action including license suspension, revocation, or civil penalties. Additionally, accepting this listing could jeopardize his pending broker application.

Answer Options
A
Robert is subject to disciplinary action by NHREC because acting independently without an active broker license constitutes a violation of RSA 331-A.
B
Robert may accept the listing because associate brokers are permitted to act independently when a broker license application is pending approval.
C
Robert may accept the listing because his passing the broker exam demonstrates he is qualified to act as a broker while his application is pending.
D
Robert may accept the listing if he discloses to the client that his broker license is pending and obtains her written consent.

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Related Topics & Key Terms

Key Terms:

license_categoriesassociate_brokerpending_applicationdisciplinary_actionunlicensed_practicersa_331_a

Related Concepts

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