N.H. Admin. Code § Rea 302.03

Current through Register No. 50, December 12, 2024

Section Rea 302.03 - Required Post-Licensing Continuing Education Course Learning Objectives

(a) A post-licensing course shall meet or exceed the commission's learning objectives in one of the following 4 required course topics:

(1) Purchase and Sales (P & S) agreements;

(2) Ethical behavior;

(3) Disclosure forms; or

(4) Agency.

(b) Courses for each of the 4 required topics shall:

(1) Be accredited for a minimum of 2 hours and no more than 3 hours each;

(2) Meet or exceed the commission's learning objectives for that course; and

(3) Be taught either in-class or by internet live-class, pursuant to the following:

a. Real-time internet live-class shall:

1. Have live video and audio feeds of all participants that will allow real time visualization, instructor monitoring, and communication among all participants;

2. Be equal to one credit hour for each hour of real-time internet live-class for an attendee who was present by video and audio throughout the hour(s); and

3. Allow the students to view a live video stream of the instructor unless the instructor is presenting instructional material through a shared screen presentation.

(c) Applicants for accreditation and re-accreditation of a required post-licensing course in one of the 4 following topics shall submit a course outline and required supporting course documentation:

(1) For P & S agreements including but not limited to:

a. A comprehensive review of a sample of an acceptable P & S agreement;

b. Establishing a minimal knowledge and competence in the preparation of a P & S agreement;

c. Achieving a basic understanding of the process of filling out a P & S agreement;

d. Achieving an understanding of the various paragraphs and clauses of a P & S agreement;

e. Achieving an understanding of the roles and relationships of the licensee(s) involved in the preparation of a P & S agreement; and

f. Understanding the dangers of the unauthorized practice of law;

(2) For disclosures including but not limited to:

a. Achieving a basic knowledge and understanding of the many mandatory disclosure requirements under New Hampshire and federal statutes;

b. Achieving a basic understanding of the voluntary disclosures that deal with other issues related to New Hampshire laws and rules;

c. Achieving a basic understanding of New Hampshire laws and federal statutes related specifically to material condition of real property; and

d. Achieving a basic understanding of the various forms required and or used to document written disclosures;

(3) For agency including but not limited to:

a. Achieving a broad understanding of the various roles and relationships available for New Hampshire real estate firms to select as business models;

b. Helping licensees establish a working knowledge of the duties and obligations inherent in representing or working with clients and customers;

c. Familiarizing licensees with the various forms used, and disclosure requirements involved, in the practice of agency in New Hampshire; and

d. Helping licensees understand the specific role of facilitator in New Hampshire and the limitations that apply; and

(4) For ethical behavior including but not limited to:

a. Introducing and developing the concept of ethical behavior generally in society and especially in professional business practice;

b. Exploring the value of ethical behavior in business practice to achieve an understanding of how that level of professionalism benefits both the consumer and the professional;

c. Reviewing the most basic requirements of New Hampshire law as the legal foundation for brokerage practice in New Hampshire;

d. Using the current National Association of Realtors ® (NAR) Code of Ethics as an example of a long established Code of Ethics to provide the students with a better understanding of:

1. Similarities between New Hampshire license law and the NAR Code of Ethics;

2. Differences between New Hampshire license law and the NAR Code of Ethics to establish the value of practicing at a higher level than the minimal standards of license law; and

3. Conflicts between the NAR Code of Ethics and New Hampshire law or rules.

e. Using the NAR Code of Ethics as an example to demonstrate how ethics and law evolve and intersect over time to reflect societal and market changes;

f. Reviewing and comparing the enforcement process for both license law and ethics;

g. Using the NAR Code of Ethics as an example to point out recent changes designed to adapt to professional, societal, and market changes; and

h. Establish that the commission frequently requires licensees found in violation of its regulations to take an ethics class to improve those licensees' understanding of professional conduct.

N.H. Admin. Code § Rea 302.03

Derived from Volume XL Number 7, Filed February 13, 2020, Proposed by #12977-B, Effective 1/23/2020, Expires 1/23/2020

Amended by Volume XLI Number 32, Filed August 12, 2021, Proposed by #13240, Effective 7/21/2021, Expires 7/21/2031.