a licensed real estate broker to perform the functions of a real estate salesperson as defined herein.
A real estate referral agent, for the purposes of R.S.45:15-1 et seq., is defined to be any natural person employed by and operating under the supervision of a licensed real estate broker whose real estate brokerage-related activities are limited to referring prospects for the sale, purchase, exchange, leasing or rental of real estate or an interest therein. Referral agent licensees shall only refer such prospects to the real estate broker through whom they are licensed as a referral agent and shall only accept compensation for their activity as a referral agent from that broker. A referral agent shall not be employed by or licensed with more than one real estate broker at any given time. No person may simultaneously be licensed as a referral agent and a real estate broker, broker-salesperson or salesperson and no person licensed as a referral agent may engage in the business of a real estate broker, broker-salesperson or salesperson to an extent beyond that authorized by their status as a licensed real estate agent.
No person, firm, partnership, association or corporation shall bring or maintain any action in the courts of this State for the collection of compensation for the performance of any of the acts mentioned in R.S.45:15-1 et seq. without alleging and proving that he was a duly licensed real estate broker at the time the alleged cause of action arose.
No person claiming to be entitled to compensation as a referral agent, salesperson or broker-salesperson for the performance of any of the acts mentioned in R.S.45:15-1 et seq. shall bring or maintain any action in the courts of this State for the collection of compensation against any person, firm, partnership or corporation other than the licensed broker with whom the referral agent, salesperson or broker-salesperson was employed at the time the alleged cause of action arose and no action shall be brought or maintained without the claimant alleging and proving that he was a duly licensed real estate referral agent, salesperson or broker-salesperson at the time the alleged cause of action arose.
Amended 1953, c. 229, § 2; 1993, c. 51, § 3; 2009, c. 238, § 2, eff. July 1, 2011.
45:15-3.1. Payment of referral fee, commission to person licensed in another jurisdiction
A duly licensed real estate broker of this State may pay a referral fee or referral commission to a person not licensed if the person is a licensed real estate broker of another jurisdiction in which the licensed broker maintains a bona fide office. A licensed real estate broker of another jurisdiction may make a referral, receive a referral fee or referral commission, and bring or maintain an action in the courts of this State against a duly licensed real estate broker of this State for the collection of the fee or commission.
For the purposes of this section, “referral” means the introduction, assisting, or directing of a person by one broker to another broker for real estate brokerage services, aid, or informa- tion; “referral fee” or “referral commission” means the compensation paid or received for the referral.
L. 1979, c. 322, § 1; amended 1993, c. 51, § 4.
45:15-4. Application of provisions of article limited
The provisions of this article shall not apply to any person,firm, partnership, association or corporation who, as a bona fideowner or lessor, shall perform any of the aforesaid acts with reference to property owned by him, nor shall they apply to or beconstrued to include attorneys at law, receivers, trustees in bankruptcy, executors, administrators or persons selling real estateunder the order of any court or the terms of a deed of trust, statebanks, federal banks, savings banks and trust companies locatedwithin the state, or to insurance companies incorporated under theinsurance laws of this state.
45:15-5. New Jersey Real Estate Commission continued
The New Jersey Real Estate Commission, hereinafter in thisarticle designated as the “commission,” created and establishedby an act entitled “An act to define, regulate and license realestate brokers and salesmen, to create a State real estate commission and to provide penalties for the violation of the provisions hereof,” approved April 5, 1921 (P.L.1921, c. 141, s.370), as amended by an act approved April 23, 1929 (P.L.1929, c.168, s. 310), is continued. The commission shall constitute thedivision of the New Jersey Real Estate Commission in theDepartment of Insurance. The commission shall consist of eightmembers, appointed by the Governor pursuant to the provisionsof P.L.1971, c. 60 (C. 45:1-2.1 et seq.), each of whom shall havebeen a resident of this State for a period of at least 10 years. Fivemembers shall have been real estate brokers for a period of atleast 10 years; two members shall be public members; and onemember shall be a representative of an appropriate department.The department representative shall serve at the pleasure of theGovernor. Upon the expiration of the term of office of any othermember, his successor shall be appointed by the Governor for aterm of three years. A majority of the voting members of thecommission shall constitute a quorum thereof. Each member shallhold his office until his successor has qualified. Members to fillvacancies shall be appointed by the Governor for the unexpiredterm. The Governor may remove any commissioner for cause,upon notice and opportunity to be heard.
Amended 1948, c. 88, § 4; 1977, c. 331, § 1; 1993, c. 51, § 5.
45:15-6. Commission salaries
2 The commission shall select from its members a president,and may do all things necessary and convenient for carryinginto effect the provisions of this article, and may promulgatenecessary rules and regulations pursuant to the “AdministrativeProcedure Act,” P.L. 1968, c. 410 (C. 52:14B-1 et seq.) Thepresident shall receive a salary of $ 15,000.00 per year and eachother member of the commission shall receive a salary of $10,000.00 per year, except the department representative who