New Jersey § 45:15-9

§ 45:15-9.

a. All persons desiring to become real estate brokers, broker-salespersons, or salespersons shall apply to the commission for a license under the provisions of R.S.45:15-1 et seq. Every applicant for a license as a broker, broker-salesperson, or salesperson shall be of the age of 18 years or over, and in the case of an association or a corporation

the directors thereof shall be of the age of 18 years or over. Application for a license, whether as a real estate broker, broker-salesperson, or salesperson , shall be made to the commission upon forms prescribed by it and shall be accompanied

by an application fee of $50 which fee shall not be refundable. Every applicant for a license whether as a real estate broker, broker-salesperson, or salesperson shall have the equivalent of a high school education. The issuance of a license to an applicant who is a nonresident of this State shall

be deemed to be his irrevocable consent that service of process upon him as a licensee

in any action or proceeding may be made upon him by service upon the secretary of

the commission or the person in charge of the office of the commission. The applicant shall furnish evidence of good moral character, and in the case of

an association, partnership or corporation, the members, officers or directors thereof

shall furnish evidence of good moral character. The commission may make such investigation and require such proof as it deems proper

and in the public interest as to the honesty, trustworthiness, character and integrity

of an applicant. Any applicant for licensure pursuant to this section and any officer, director,

partner or owner of a controlling interest of a corporation or partnership filing

for licensure pursuant to this section shall submit to the commission the applicant's

name, address, fingerprints and written consent for a criminal history record background

check to be performed. The commission is hereby authorized to exchange fingerprint data with and receive

criminal history record information from the State Bureau of Identification in the

Division of State Police and the Federal Bureau of Investigation consistent with applicable

State and federal laws, rules and regulations, for the purposes of facilitating determinations

concerning licensure eligibility. The applicant shall bear the cost for the criminal history record background check,

including all costs of administering and processing the check. The Division of State Police shall promptly notify the commissioner in the event

a current holder of a license or prospective applicant, who was the subject of a criminal

history record background check pursuant to this section, is arrested for a crime

or offense in this State after the date the background check was performed. Every applicant for a license as a broker or broker-salesperson shall have first

been the holder of a New Jersey real estate salesperson's license and have been actively

engaged on a full-time basis in the real estate brokerage business in this State as

a real estate salesperson for three years immediately preceding the date of application,

which requirement may be waived by the commission where the applicant has been the

holder of a broker's license in another state and actively engaged in the real estate

brokerage business for at least three years immediately preceding the date of his

application, meets the educational requirements and qualifies by examination. No license as a broker shall be granted to a general partnership or corporation

unless at least one of the partners or officers of said general partnership or corporation

qualifies as and holds a license as a broker to transact business in the name and

on behalf of said general partnership or corporation as its authorized broker and

no such authorized broker shall act as a broker on his own individual account unless

he is also licensed as a broker in his individual name; the license of said general

partnership or corporation shall cease if at least one partner or officer does not

hold a license as its authorized broker at all times. A change in the status of the license of an authorized broker to an individual capacity

or vice versa shall be effected by application to the commission accompanied by a

fee of $50. No license as a broker shall be granted to a limited partnership unless its general

partner qualifies as and holds a license as a broker to transact business in the name

of and on behalf of the limited partnership. In the event that a corporation is a general partner of a limited partnership, no

license as a broker shall be granted to the limited partnership unless the corporation

is licensed as a broker and one of the officers of the corporation qualifies as and

holds a license as the corporation's authorized broker. b. An application for licensure as a salesperson licensed with a real estate referral company and for any renewal thereof shall include a certification signed by the licensed

real estate broker by whom the applicant is or will be employed or contracted , on a form and in a manner prescribed by the commission, which certification shall

confirm that: the broker and the applicant or renewing salesperson licensed with a real estate referral company have reviewed the restrictions imposed by law upon the activities of a salesperson licensed with a real estate referral company ; and the applicant or salesperson licensed with a real estate referral company has acknowledged that he is aware that such activity is limited to referring prospective

consumers of real estate brokerage services to that broker. c. In the event that a person who held a broker, broker-salesperson or salesperson license

fails to renew that license and then, in the two years immediately following the expiration

date of the last license held, seeks to reinstate such license, the commission shall

require, as a condition to such reinstatement during that two-year period, that the

applicant submit proof of having completed the continuing education requirement applicable

to that license type in the preceding license term. d. In the event that any person to whom a broker's or broker-salesperson's license has

been or shall have been issued shall fail to renew such license or obtain a new license

for a period of more than two but less than five consecutive years after the expiration

of the last license held, prior to issuing another broker or broker-salesperson license

to the person, the commission shall require such person to complete the continuing

education requirements applicable to salesperson licensees in the preceding license

term, to work as a licensed salesperson on a full-time basis for one full year, to

pass the broker's license examination, and to successfully complete a 90-hour general

broker's pre-licensure course at a licensed real estate school, as the commission

shall prescribe by regulation. In the event that any person to whom a broker's or broker-salesperson's license

has been or shall have been issued fails to maintain or renew the license or obtain

a new license for a period of more than five consecutive years after the expiration

of the last license held, prior to issuing another broker or broker-salesperson license

to the person the commission shall require the person to pass the salesperson's license

examination and then to work as a licensed salesperson on a full-time basis for three

years, to fulfill all of the educational requirements applicable to first time applicants

for a broker or broker-salesperson license and to pass the broker's license examination. The commission may, in its discretion, approve for relicensure the former holder

of a broker or broker-salesperson license who has not renewed the license or obtained

a new license for two or more consecutive years upon a sufficient showing that the

applicant was medically unable to do so. All applicants so approved shall pass the broker's license examination and complete

the continuing education requirements applicable to broker licensees in the preceding

licensure term prior to being relicensed. This subsection shall not apply to a person reapplying for a broker's or broker-salesperson's license

who was licensed as a broker or broker-salesperson and who allowed his license to

expire due to subsequent employment in a public agency in this State with responsibility

for dealing with matters relating to real estate if the person reapplying does so

within one year of termination of that employment. e. In the event that any person to whom a salesperson's license , including a salesperson's license with a real estate referral company, has been or shall have been issued shall fail to maintain or renew such license or

obtain a new license for a period of two consecutive years or more after the expiration

of the last license held, the commission shall require such person to attend a licensed

school and pass the State examination prior to issuance of a further license. The commission may, in its discretion, approve for relicensure a salesperson applicant , including a salesperson applicant licensed with a real estate referral company, who has not renewed his license or obtained a new license for two or more consecutive

years upon a sufficient showing that the applicant was medically unable to do so. All salesperson applicants , including salesperson applicants licensed with a real estate referral company, so approved shall pass the salesperson's license examination and, with respect to

salespersons , except those salespersons licensed with a real estate referral company , complete the continuing education requirements applicable to salesperson licensees

in the preceding licensure term prior to being relicensed. Nothing in this section shall be construed to require a salesperson licensed with

a real estate referral company to complete the continuing education requirements applicable

to salesperson licensees as a condition of license renewal under this section or section

23 of P.L.2009, c. 238 ( C.45:15-16.2a ). This subsection shall not apply to a person reapplying for a salesperson's license , including a salesperson reapplying for licensure with a real estate referral company, who was a licensed salesperson , including a salesperson licensed with a real estate referral company, and who allowed his license to expire due to subsequent employment in a public agency

in this State with responsibility for dealing with matters relating to real estate

if the person reapplying does so within one year of termination of that employment. f. A salesperson licensed with a real estate referral company who was not previously licensed as a broker, broker-salesperson, or salesperson and

who has been a salesperson licensed with a real estate referral company for the six immediately preceding years or any lesser period of time shall, in order

to qualify for licensure as a salesperson, complete up to 30 hours of continuing education

as prescribed by commission rule. g. A salesperson licensed with a real estate referral company who was not previously licensed as a broker, broker-salesperson or salesperson and

who has been a salesperson licensed with a real estate referral company for more than the six immediately preceding years shall, in order to qualify for

licensure as a salesperson, be required to complete the pre-licensure education requirement

applicable to candidates for licensure as a salesperson and pass the State license

examination. A person who was previously licensed as a broker, broker-salesperson or salesperson

and who has been a salesperson licensed with a real estate referral company shall, in order to qualify for relicensure as a broker, broker-salesperson or salesperson,

as applicable, complete up to 30 hours of continuing education as prescribed by commission

rule . h. Any salesperson licensed with a real estate referral company seeking licensure as a real estate broker, broker-salesperson or salesperson shall

make application for such license on a form as prescribed by the commission, pay all

application and licensure fees as set forth herein, furnish to the commission evidence

of the salesperson's good moral character, and be subject to investigation by and required to produce

to the commission such proof of the salesperson's honesty, trustworthiness and integrity as the commission deems proper and in the

public interest. i. Upon the effective date of P.L.2018, c. 71 ( C.45:15-3.2 et al.), any person licensed as a referral agent through a real estate referral company

shall be deemed to be a salesperson licensed with a real estate referral company until

the next renewal of licenses by the commission. All requirements set forth in subsections f., g., and h. of this section with respect

to licensure and length of experience as a salesperson licensed with a real estate

referral company shall include licensure and length of experience as a referral agent

licensed with a real estate referral company.