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2020 New Hampshire Revised Statutes
Title XXX - Occupations and Professions
Title 331-A - New Hampshire Real Estate Practice Act
Section 331-A:4 - Exempted Classes.
Universal Citation: NH Rev Stat § 331-A:4 (2020)
331-A:4 Exempted Classes. –
The provisions of this chapter shall not apply to:
I. An owner who is not a licensee, or the regular employees of an owner of real estate who are not licensees, with respect to the real property of the owner;
I-a. A prospective purchaser or tenant who is not a licensee, or the regular employees of a prospective purchaser or tenant who are not licensees, with respect to the real property of the owner;
II. An attorney-in-fact who is not a licensee acting under a power of attorney with respect to real property of the principal of the attorney-in-fact;
III. An attorney at law in the performance of duties as an attorney;
IV. A licensed auctioneer selling real estate at public auction or otherwise authorized by RSA 311-B;
V. A public official in the performance of the duties of the official;
VI. A person or the regular employees of a person while the person is not acting as a licensee but is acting as a receiver, trustee, administrator, executor, conservator, guardian, or fiduciary, or while acting under court order, the authority of a will, trust instrument, or other recorded instrument containing a power of sale;
VII. Any person owning or operating a park, including the person's regular employees, in which manufactured housing to be sold or leased is located, who may, for a fee or commission or other valuable consideration, list, sell, purchase, exchange, or lease such manufactured housing without a license of a broker or salesperson, and who does not hold himself or herself out as a real estate broker;
VIII. A corporate consultant who receives a fee from a client based on site searching services rendered in accordance with a written contract, rather than on the completion of any particular transaction and who does not hold himself or herself out as a real estate broker; or
IX. A condominium unit owners' association that rents condominium units for periods of 30 days or less for the exclusive benefit of the unit owners and the unit owners' association provided that such rentals are managed through an on-site rental office that is operated and controlled exclusively by the unit owners' association.
The provisions of this chapter shall not apply to:
I. An owner who is not a licensee, or the regular employees of an owner of real estate who are not licensees, with respect to the real property of the owner;
I-a. A prospective purchaser or tenant who is not a licensee, or the regular employees of a prospective purchaser or tenant who are not licensees, with respect to the real property of the owner;
II. An attorney-in-fact who is not a licensee acting under a power of attorney with respect to real property of the principal of the attorney-in-fact;
III. An attorney at law in the performance of duties as an attorney;
IV. A licensed auctioneer selling real estate at public auction or otherwise authorized by RSA 311-B;
V. A public official in the performance of the duties of the official;
VI. A person or the regular employees of a person while the person is not acting as a licensee but is acting as a receiver, trustee, administrator, executor, conservator, guardian, or fiduciary, or while acting under court order, the authority of a will, trust instrument, or other recorded instrument containing a power of sale;
VII. Any person owning or operating a park, including the person's regular employees, in which manufactured housing to be sold or leased is located, who may, for a fee or commission or other valuable consideration, list, sell, purchase, exchange, or lease such manufactured housing without a license of a broker or salesperson, and who does not hold himself or herself out as a real estate broker;
VIII. A corporate consultant who receives a fee from a client based on site searching services rendered in accordance with a written contract, rather than on the completion of any particular transaction and who does not hold himself or herself out as a real estate broker; or
IX. A condominium unit owners' association that rents condominium units for periods of 30 days or less for the exclusive benefit of the unit owners and the unit owners' association provided that such rentals are managed through an on-site rental office that is operated and controlled exclusively by the unit owners' association.
Source. 1993, 348:1. 2000, 311:21. 2001, 182:1. 2009, 125:1. 2010, 304:4. 2014, 261:2, eff. Sept. 26, 2014.
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