REAL ESTATE COMMISSION 11:5-2.2
licensed schools and any solicitation of students, which, as de- fined in (x)2ii below, means any recruiting efforts or brokerage activity directed at students. These provisions will be construed in a manner consistent with that regulatory objective. A violation of any of these provisions will be considered by the Commission as conduct demonstrating unworthiness for licensure, thereby subjecting the offending licensee to sanctions pursuant to N.J.S.A. 45:15-17(e) and (t). The Commission may also impose sanctions for a violation of these provisions pursuant to N.J.S.A. 45:15-10.11 and N.J.A.C. 11:5-12.15. Requirements regulating the involvement of licensed schools in soliciting students to become salespersons or referral agents for particular real estate brokers are as follows:
1. At the beginning of the first class session of all salesperson or referral agent prelicensure courses, all licensed schools shall distribute to all students in writing the following:
NOTICE TO: ALL SALESPERSON/REFERRAL AGENT COURSE STUDENTS FROM: NEW JERSEY REAL ESTATE COMMISSION RE: SOLICITATION OF SALESPERSON OR REFERRAL AGENT LICENSE CANDIDATES AT PRELICENSURE SCHOOLS
It is the policy of the New Jersey Real Estate Commission that there be a complete and total separation between the instruction you receive in your prelicensure education course and any efforts by brokers to recruit you to join their firm and/or to secure listings or offers on listed properties from you. This policy is reflected in Commission rule N.J.A.C. 11:5-2.2(x), which is reproduced in its entirety below.
If you are subjected to any recruitment efforts or are solicited for listings or offers during class time you should immediately notify your instructor, the Director of your school, and the New Jersey Real Estate Commission by writing to:
New Jersey Real Estate Commission 20 West State Street PO Box 328 Trenton, New Jersey 08625-0328 Attn: Director, Real Estate Education
You are free to negotiate the terms of your employment with any broker. It is in your own best interest to talk to several pro- spective employing brokers before deciding which offers the best compensation plan, including post-termination payment provisions, and support package for you. You should also con- sider a prospective employer’s professionalism and reputation for honesty and integrity when deciding which broker to work for.
In the event an enrolled student does not attend the first ses- sion of a salespersons/referral agents course, a copy of the fore- going notice shall be delivered to that student at the commence- ment of the first class session which that student does attend.
2. For the purposes of this subsection, the following defini- tions shall apply:
i. The phrase “brokerage activity” means any activity which, pursuant to N.J.S.A. 45:15-1 and 45:15-3 would require the person engaging in such activity to hold a license as a real estate broker, real estate salesperson or referral agent;
ii. The term “solicit” means to recruit, invite or urge a student to seek employment with a particular broker, or to list, purchase or lease through, or to make referrals of listing, purchaser or lessee prospects to a particular broker; and
iii. The phrase “successful completion” means the receipt by the student of a Real Estate Commission school certificate form, duly signed by the instructor and the school director and stamped by the licensed school, certifying to the student’s hav- ing completed and passed a prelicensure course conducted by that school.
3. With the exception of posting, distributing or displaying written materials as provided in (x)5 below, no school director, instructor, guest lecturer or staff member shall, prior to, nor within seven days following, a student’s successful completion of a course, solicit a student to become a salesperson or referral agent for any particular real estate broker, nor shall any such person at any time accept any fee or other compensation for so- liciting or recruiting students attending their school to apply for employment with a particular real estate broker.
4. No in-person or electronic solicitation of students to apply for employment as salespersons or referral agents with a particu- lar real estate broker shall be permitted at a licensed school loca- tion during the prescribed class hours, nor in the breaks between such class hours. Such soliciting may be scheduled and held at licensed schools before, after or separate from the prescribed class hours, for example as a “career night” for students, provided that students are notified in writing in advance that their at- tendance at such recruitment functions is completely voluntary. However, no school director, instructor, guest lecturer or staff member shall engage in such activity at any time prior to, nor within seven days following, a student’s successful completion of a course. Licensed instructors who are also licensed brokers, salespersons or referral agents may conduct prelicensure courses, and licensees who are not licensed instructors may appear as guest lecturers in such courses, so long as their presentations do not include the solicitation of students.
5. Any licensed school which posts, distributes or displays written material which solicits students to inquire about employ- ment as a salesperson or referral agent with a particular broker must similarly post, distribute or display comparable written material from any real estate broker who requests the school to do so. However, no written material soliciting students to apply for employment with a particular real estate broker or any referral program shall be distributed during the prescribed class hours.