N.J. Admin. Code § 11:5-3.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 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 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 11:5-2.1(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 real estate broker and shall not independently maintain an office or escrow account. A broker-salesperson may be authorized to serve as an office supervisor or a branch office in accordance with the provisions of 45:15-12.

(d) Every applicant for licensure as a broker or broker-salesperson shall present with his or her application for licensure examination a certificate of satisfactory completion of courses in real estate and related subjects at a school licensed by the Commission or offered by another approved provider pursuant to 45:15-10.1(b) and 11:5-2.1 and 2.2, unless waived by the Commission in accordance with the provisions of 45:15-10.2 and 11:5-2.1.

(e) An applicant must pass the State broker license examination and apply for and request the issuance of a license as a broker or broker-salesperson not later than one year after successful completion of the 150-hour broker prelicensure education requirements. Any person who fails to apply for the issuance of a license as a broker or broker-salesperson within the said one year time period shall be required to retake and successfully complete all prescribed courses and the examination and must submit evidence of having again fulfilled the experience requirement during the three years immediately preceding the new application.

N.J. Admin. Code § 11:5-3.8

As amended, R.1972 d.150, effective 7/27/1972.
See: 4 N.J.R. 160(d), 4 N.J.R. 190(a).
As amended, R.1974 d.307, effective 11/13/1974.
See: 6 N.J.R. 246(c), 6 N.J.R. 478(e).
As amended, R.1981 d.261, effective 7/9/1981.
See: 13 N.J.R. 306(a), 13 N.J.R. 440(c).
Substantially amended.
As amended, R.1983 d.471, effective 11/7/1983.
See: 15 N.J.R. 1343(a), 15 N.J.R. 1865(c).
Former subsections (a) and (f) deleted, recodified, "salesman" changed to "salesperson".
Amended by R.1987 d.68, effective 1/20/1987.
See: 18 N.J.R. 1782(a), 19 N.J.R. 232(a).
Deleted text in (a) "full-time during his apprenticeship as a salesperson" and added text "on a full ... per calendar week."
Amended by R.1994 d.56, effective 2/7/1994 (operative July 1, 1994).
See: 25 N.J.R. 4849(b), 26 N.J.R. 798(a).
Amended by R.1998 d.497, effective 10/5/1998.
See: 30 N.J.R. 2333(a), 30 N.J.R. 3646(a).
In (a)2ii and (d), changed N.J.A.C. references.
Amended by R.2009 d.287, effective 9/21/2009.
See: 41 N.J.R. 1381(a), 41 N.J.R. 3440(a).
Added a new (a)1; recodified former (a)1 and (a)2 as (a)2 and (a)3; and in (a)2ii, substituted "(a)2i" for "(a)1i" and inserted a hyphen following "three".