Key Takeaways

  • The NH Real Estate Commission can investigate complaints, conduct hearings, and impose disciplinary actions
  • Violations can result in license denial, suspension, revocation, or fines up to $10,000 per violation
  • Common violations include misrepresentation, commingling, unlicensed activity, and agency violations
  • Practicing without a license is a serious violation that may result in civil and criminal penalties
  • Licensees have due process rights including notice and hearing before disciplinary action
Last updated: January 2026

License Law Violations & Discipline

The New Hampshire Real Estate Commission has authority to investigate complaints and take disciplinary action against licensees who violate RSA 331-A, the New Hampshire Real Estate Practice Act.

Common Violations

Misrepresentation and Fraud

ViolationDescription
Material misrepresentationFalse statements about important facts
OmissionFailing to disclose known material defects
FraudIntentional deception for personal gain
False advertisingMisleading marketing or claims

Escrow Account Violations

ViolationDescription
ComminglingMixing client and broker funds
ConversionUsing client funds without authorization
Failure to depositNot depositing funds promptly
Poor recordsInadequate documentation
Checks against uncollected depositsPremature disbursement

Agency and Disclosure Violations

ViolationDescription
Failure to discloseNot providing required disclosures
Undisclosed dual agencyActing for both parties without consent
Breach of fiduciary dutyViolating duties to clients
Failure to disclose material factsNot disclosing known defects

Unlicensed Activity

ViolationDescription
Practicing without licensePerforming activities requiring a license
Practicing on lapsed licenseContinuing to work after license expires
Paying unlicensed personsCompensating unlicensed individuals for licensed activities

Warning: Practicing real estate without a valid license is a serious violation that may result in civil and criminal penalties in New Hampshire.

Disciplinary Process

Investigation

  1. Complaint filed with Commission (or Commission initiates investigation)
  2. Investigation conducted by Commission staff
  3. Evidence gathered (documents, interviews, audits)
  4. Determination made whether to proceed

Hearing Process

If the Commission proceeds with disciplinary action:

StepDescription
NoticeLicensee notified of charges
HearingFormal hearing before Commission
EvidenceBoth sides present evidence
DecisionCommission issues written decision
AppealLicensee may appeal to court

Due Process Rights

Licensees have the right to:

  • Notice of charges
  • Hearing before adverse action
  • Representation by attorney
  • Present evidence and witnesses
  • Appeal unfavorable decisions

Disciplinary Actions

The Commission may impose various sanctions:

ActionDescription
DenialRefuse to issue license
SuspensionTemporary loss of license
RevocationPermanent loss of license
ReprimandFormal warning
FineUp to $10,000 per violation
ProbationConditional license with restrictions
EducationRequired additional training

Penalty Guidelines

Violation SeverityTypical Penalty Range
Minor violationsReprimand, required education
Moderate violationsFine, probation
Serious violationsSuspension, larger fines
Egregious violationsRevocation, maximum fines

Public Records

Record TypeRetention
Disciplinary documents7 years on Commission website
License verificationAvailable online
Disciplinary historySearchable by public

Recent Enforcement Examples

The Commission regularly takes action against violators, including:

  • Settlement agreements for violations
  • Emergency suspensions for serious misconduct
  • Unlicensed practice enforcement
  • Decision and final orders after hearings

Exam Tip: Understanding what constitutes a violation and the potential penalties is important for both the exam and professional practice.

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NH Real Estate Commission Disciplinary Process
Test Your Knowledge

What is the maximum fine the New Hampshire Real Estate Commission can impose per violation?

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Test Your Knowledge

What rights does a New Hampshire licensee have before the Commission takes disciplinary action?

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Test Your Knowledge

How long are disciplinary records retained on the Commission website?

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Test Your Knowledge

Which of the following is NOT a disciplinary action the Commission can impose?

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