REAL ESTATE COMMISSION 11:5-3,8
Amended by R.2004 d.130, effective April 5, 2004. See: 35 N.J.R. 4812(a), 36 N.J.R. 1780(a). In (c), inserted “pass the State salesperson examination and” following “An applicant must” in the first sentence. Amended by R.2012 d.006, effective January 3, 2012. See: 43 N.J.R. 1791(a), 44 N.J.R. 86(b). Section was “Salesperson’s licenses; age requirement”. In (a) and (c), inserted “or referral agent’s” throughout; in (b), (c) and (d), inserted “or referral agent”; and in (b), substituted “his or her” for “his/her”.
11:5-3.7 Employment of salesperson or referral agent sponsored by broker
(a) No broker shall knowingly sponsor an applicant for licensure as a real estate salesperson or referral agent who does not bear a good reputation for honesty and fair dealings.
(b) An application for licensure or renewal of licensure as a referral agent shall include a certification signed by the licensed real estate broker by whom the applicant is or will be employed confirming:
1. The broker and the applicant have reviewed the restrictions imposed by law upon the activities of a referral agent; and
2. The applicant or referral agent has acknowledged that he or she is aware that the activities of a referral agent are limited to referring prospective consumers of real estate brokerage services only as set forth in N.J.A.C. 11:5-6.10(a)2.
(c) Applications for licensure as a referral agent other than renewal applications shall also contain a certification signed by the applicant confirming the statements in (b)1 and 2 above.
As amended, R.1983 d.471, effective November 7, 1983. See: 15 N.J.R. 1343(a), 15 N.J.R. 1865(c). “Salesman” replaced by “salesperson”. Amended by R.1998 d.497, effective October 5, 1998. See: 30 N.J.R. 2333(a), 30 N.J.R. 3646(a). Rewrote (a); and deleted former (b). Amended by R.2012 d.006, effective January 3, 2012. See: 43 N.J.R. 1791(a), 44 N.J.R. 86(b). Section was “Employment of salesperson sponsored by broker”. Inserted designation (a); in (a), inserted “referral agent”; and added (b) and (c).
11:5-3.8 Qualifications for licensing; broker and broker-salesperson
(a) All references in this section to “brokers” shall include broker-salespersons. The experience requirement for licensure as a broker imposed by N.J.S.A. 45:15-9 is construed to require a demonstration by the applicant of their commitment to real estate brokerage as their primary vocation, as evidenced by their involvement in the real estate brokerage business on a full-time basis.
1. A person who is presently licensed as a broker in another state and who has been actively licensed and engaged in the real estate brokerage business on a full time basis as a broker, broker- salesperson or salesperson for at least three years immediately preceding the date of application shall qualify for a waiver of
the experience requirement for licensure as a New Jersey real estate broker.
2. With the exception of persons licensed as brokers in other states, all applicants for licensure as a broker must have been continuously licensed and employed on a full-time basis as a real estate salesperson during the three years immediately preceding their application. Such full-time employment shall be demonstrated by a showing that:
i. The applicant has worked as a salesperson under the authority of the broker(s) with whom they were licensed for at least 40 hours per week and during the hours of approximately 10:00 A.M. to 8:00 P.M.;
ii. Such work in (a)2i above was performed during any five days in each week of the three-year period; and
iii. If the applicant was employed in any other occupation during the three year period, such other employment was on a part-time basis and did not exceed 25 hours per calendar week.
3. No applications for approval of an applicant’s experience to qualify for licensure as a broker shall be made until an applicant:
i. Has been continuously licensed as a salesperson for at least the three years immediately preceding such application;
ii. Has completed the 90-hour general broker’s prelicensure course and the two 30-hour courses referred to in N.J.A.C. 11:52.1(g).
(b) The Commission shall give due consideration to the following in reviewing the experience of an applicant:
1. Evidence of having been actively involved in the real estate brokerage business as a real estate salesperson on a full-time basis during each year of the three year period. Written statements by the brokers with whom the applicant was licensed during the three year period which certify the applicant’s activity as a salesperson while licensed through those brokers must be submitted.
2. Applicants and/or brokers may also be required to submit supporting documentation relating to the closed transactions on which the applicant received compensation as a salesperson from the broker, or to supply other evidence of full- time activity, such as extensive involvement in a specialized field of real estate brokerage.
3. In no event will an applicant whose brokerage activity was limited to solely making referrals to other licensees be deemed to have fulfilled the full-time, active involvement in the brokerage business requirement for licensure.
(c) Broker-salespersons shall meet the same qualifications as brokers, including the qualifications as set forth in (a) and (b) above. A person licensed as a broker-salesperson must be employed by and act under the supervision of a duly licensed