New Jersey § 45:15-3

§ 45:15-3.

A real estate broker, for the purposes of R.S.45:15-1 et seq. , is defined to be a person, firm or corporation who, for a fee, commission or other

valuable consideration, or by reason of a promise or reasonable expectation thereof,

lists for sale, sells, exchanges, buys or rents, or offers or attempts to negotiate

a sale, exchange, purchase or rental of real estate or an interest therein, or collects

or offers or attempts to collect rent for the use of real estate or solicits for prospective

purchasers or assists or directs in the procuring of prospects or the negotiation

or closing of any transaction which does or is contemplated to result in the sale,

exchange, leasing, renting or auctioning of any real estate or negotiates, or offers

or attempts or agrees to negotiate a loan secured or to be secured by mortgage or

other encumbrance upon or transfer of any real estate for others, or any person who,

for pecuniary gain or expectation of pecuniary gain conducts a public or private competitive

sale of lands or any interest in lands. In the sale of lots pursuant to the provisions of R.S.45:15-1 et seq. , the term “ real estate broker ” shall also include any person, partnership, association or corporation employed or contracted by or on behalf of the owner or owners of lots or other parcels of real estate, at

a stated salary, or upon a commission, or upon a salary and commission, or otherwise,

to sell such real estate, or any parts thereof, in lots or other parcels, and who

shall sell or exchange, or offer or attempt or agree to negotiate the sale or exchange,

of any such lot or parcel of real estate. A real estate broker shall also include any person, firm, or corporation who supervises

a real estate referral company. A real estate salesperson, for the purposes of R.S.45:15-1 et seq. , is defined to be any natural person who, for compensation, valuable consideration

or commission, or other thing of value, or by reason of a promise or reasonable expectation

thereof, is employed or contracted by and operates under the supervision of a licensed real estate broker to sell or

offer to sell, buy or offer to buy or negotiate the purchase, sale or exchange of

real estate, or offers or attempts to negotiate a loan secured or to be secured by

a mortgage or other encumbrance upon or transfer of real estate, or to lease or rent,

or offer to lease or rent any real estate for others, or to collect rents for the

use of real estate, or to solicit for prospective purchasers or lessees of real estate,

or who is employed or contracted by a licensed real estate broker to sell or offer to sell lots or other parcels of

real estate, at a stated salary, or upon a commission, or upon a salary and commission,

or otherwise to sell real estate, or any parts thereof, in lots or other parcels , or in the case of a salesperson licensed with a real estate referral company refers

prospective consumers of real estate brokerage services to a particular broker. For the purposes of R.S.45:15-1 et seq. , the definition of real estate salesperson shall include a salesperson licensed with

a real estate referral company unless otherwise indicated . A real estate broker-salesperson, for the purposes of R.S.45:15-1 et seq. , is defined to be any natural person who is qualified to be licensed as a real estate

broker but who, for compensation, valuable consideration or commission, or other thing

of value, or by reason of a promise or reasonable expectation thereof, is employed or contracted by and operates under the supervision of a licensed real estate broker to perform

the functions of a real estate salesperson as defined herein. A real estate salesperson licensed with a real estate referral company , for the purposes of R.S.45:15-1 et seq. , is defined to be any natural person employed or contracted by and operating under the supervision of a licensed real estate broker through a real estate referral company 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. Salespersons licensed with a real estate referral company shall only refer such prospects to the real estate broker who supervises the real estate referral company through whom they are licensed and shall only accept compensation for their activity from that broker. A salesperson licensed with a real estate referral company shall not be employed or contracted by or licensed with more than one real estate broker or real estate referral company at any given time. No salesperson licensed with a real estate referral company may simultaneously be licensed as a real estate broker or broker-salesperson and no salesperson licensed with a real estate referral company may engage in the business of a real estate broker or broker-salesperson to an extent beyond that authorized by their status as a licensed salesperson . A real estate referral company, for the purposes of R.S.45:15-1 et seq. , is defined to be a business entity established and supervised by a licensed real

estate broker, separate and apart from any business entity maintained by the licensed

real estate broker to conduct real estate brokerage-related activities other than

the referral of prospective consumers of real estate brokerage services to that broker,

for the purpose of employing or contracting licensed salespersons who strictly engage

in the referral of prospects for the sale, purchase, exchange, leasing or rental of

real estate or an interest therein solely on behalf of the supervising real estate

broker. 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 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 salesperson or broker-salesperson was employed or contracted 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 salesperson or broker-salesperson at the time the alleged cause of action arose.