Bill Text: NJ A4947 | 2026-2027 | Regular Session | Amended
Bill Title: Revises continuing education requirements for real estate licensees and regulation of certain real estate continuing education providers, instructors, and courses.
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced) 2026-06-08 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A4947 Detail]
Download: New_Jersey-2026-A4947-Amended.html
Sponsored by:
Assemblyman DAN HUTCHISON
District 4 (Atlantic, Camden and Gloucester)
Assemblyman CODY D. MILLER
District 4 (Atlantic, Camden and Gloucester)
Co-Sponsored by:
Assemblyman Scharfenberger
SYNOPSIS
Revises continuing education requirements for real estate licensees and regulation of certain real estate continuing education providers, instructors, and courses.
CURRENT VERSION OF TEXT
As reported by the Assembly Appropriations Committee on June 8, 2026, with amendments.
An Act concerning continuing education for real estate licensees 1[,] and1 amending various parts of the statutory law 1[, and supplementing chapter 15 of Title 45 of the New Jersey Statutes]1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.45:15-9 is amended to read as follows:
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 or salespersons licensed with a real estate referral company 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] 36 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] 45 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.
(cf: P.L.2018, c.71, s.4)
1[2. Section 51 of P.L.1993, c.51 (C.45:15-10.8) is amended to read as follows:
51. A school shall not be licensed as a real estate school unless it is under the management and supervision of a director who is approved by the commission and who is licensed as a real estate instructor in accordance with the provisions of this act. In the event of the death or mental or physical incapacity of the director of a licensed real estate school, which leaves no other owner or employee of the school licensed as a real estate instructor and willing to assume the responsibilities of the director on an interim or permanent basis, the commission may issue temporary authorization to another person to enable that person to carry on the duties of the director until such time as either another licensed instructor is designated by the school and approved by the commission as the director, or until such time as the real estate courses in progress at the time of the former director's death or incapacity are completed. A school shall not commence any new real estate courses until a qualified licensee is designated and approved as the school's director.
The provisions of this section shall not apply to a real estate school that provides proof to the commission of at least 20,000 successful completions by real estate licensees of continuing education courses provided by the school in the previous biennial license term; any public adult education program conducted under the auspices of a board of education in this State; or any accredited college or university licensed as real estate schools.
(cf: P.L.1993, c.51, s.51)]1
1[3.] 2.1 Section 23 of P.L.2009, c.238 (C.45:15-16.2a) is amended to read as follows:
23. a. The New Jersey Real Estate Commission shall require each natural person licensed as a real estate broker, broker-salesperson or salesperson, as a condition of biennial license renewal pursuant to R.S.45:15-10, to complete [not more than 16] 18 hours of continuing education requirements imposed by the commission pursuant to this section and sections 24 through 28 of P.L.2009, c.238 (C.45:15-16.2a through 45:15-16.2f) and an additional two hours of continuing education in timely topics if prescribed by the commission pursuant to paragraph (8) of subsection b. of this section, except that [a] each salesperson licensed with a real estate referral company shall [not] only be required to complete [the] two hours of continuing education [requirements] in Referral Responsibilities and Legal Updates as a condition of biennial license renewal. This subsection shall not apply to any real estate broker or broker-salesperson who has been a real estate broker or broker-salesperson for 40 years or more, which shall include any equivalent experience in any other jurisdiction as determined by the commission.
b. The commission shall:
(1) (a) Approve continuing education courses, course providers, and instructors recommended to the commission by the Volunteer Advisory Committee created pursuant to subparagraph (b) of this paragraph. 1The commission shall approve or deny a continuing education course, course provider, or course instructor application recommended for approval by the committee at the next regularly scheduled meeting of the commission following receipt of the recommended application. If the commission is not scheduled to meet within 30 days of receipt of a recommended application, the commission shall designate personnel assigned to the commission pursuant to R.S.45:15-7 to approve or deny the recommended application.1 Schools licensed by the commission as real estate schools pursuant to section 47 of P.L.1993, c.51 (C.45:15-10.4) shall be deemed approved providers of continuing education courses. Persons licensed by the commission as real estate instructors pursuant to section 48 of P.L.1993, c.51 (C.45:15-10.5) shall be deemed approved instructors of continuing education courses in [core] topics as set forth in section 27 of P.L.2009, c.238 (C.45:15-16.2e). Real estate trade associations that qualify under the standards to be established by commission rule as approved providers may offer approved continuing education courses.
(b) There is hereby created a Volunteer Advisory Committee which shall consist of 14 members to be comprised of real estate licensees, approved instructors of continuing education courses, and other subject matter experts, whose members shall be appointed by and serve at the pleasure of the Commissioner of Banking and Insurance. One real estate licensee shall be selected upon the recommendation of the President of the Senate and one real estate licensee shall be selected upon the recommendation of the Speaker of the General Assembly. Three members of the advisory committee shall be members of the commission or their designees, and not less than eight of the members, other than the commission members, shall be real estate licensees. Members shall be appointed to effect balanced geographic representation from the central, northern and southern areas of the State, with not less than three members serving from each of these areas at any time on the advisory committee. A member of the advisory committee approved by the commission as an instructor of continuing education courses shall not approve their own continuing education course application.
Members shall be appointed by the Commissioner of Banking and Insurance no later than 60 days following the enactment date of this act. The first meeting of the advisory committee shall be held no later than 30 days from the date the commission adopts initial regulations for the effectuation of this act.
(2) Confer continuing education credits for courses completed in other states on topics approved by the commission [as appropriate for elective courses], provided that such courses have been approved as continuing education courses by the agency exercising regulatory authority over the real estate licensees of another state and that satisfactory evidence of licensees' attendance at and completion of such courses is provided to the commission by the course provider.
(3) Confer continuing education credits for courses completed and offered in this State on topics deemed of a timely nature which have not been granted prior approval by the advisory committee, provided that such courses are advertised prior to the time of offering as not having been approved; that the course provider shall submit such course offering for approval and the course is subsequently approved as provided in subparagraph (a) of paragraph (1) of this subsection; and that satisfactory evidence of licensees' attendance at and completion of such courses is provided to the commission by the course provider.
(4) Set parameters for the auditing and monitoring of course providers1[, including providers authorized to approve their own continuing education instructors and courses pursuant to section 28 of P.L.2009, c.238 (C.45:15-16.2f)]1.
(5) Establish, by regulation, the amounts of application fees payable by persons seeking approval as continuing education course providers, persons seeking approval of continuing education courses, and persons other than instructors of pre-licensure real estate education courses licensed by the commission pursuant to section 48 of P.L.1993, c.51 (C.45:15-10.5), seeking approval as instructors of continuing education courses. These fees shall be non-refundable and shall be in amounts which do not exceed the costs incurred by the commission to review these applications.
(6) Have the authority to waive continuing education requirements, in whole or in part, on the grounds of illness, emergency, hardship or active duty military service.
(7) Confer continuing education credits upon a person who is licensed by the commission as a real estate instructor or as a broker, broker-salesperson or salesperson for teaching an approved continuing education course offered by an approved provider. Regardless of the number of times during a biennial license term that the same approved course is taught by that person, the person shall receive credit toward the continuing education requirement for the renewal of the person's broker, broker-salesperson or salesperson license, as applicable, only in the number of credit hours conferred upon licensees who attend and complete that course one time during that biennial license term.
(8) Determine, pursuant to subsection a. of this section and in advance of each biennial license term, whether additional continuing education in timely topics shall be required as a condition of biennial license renewal for a certain license term and, if additional continuing education shall be required, determine the required topics.
(9) Approve continuing education instructors who meet at least one of the following:
(a) a professor of real estate, finance, business, economics, or a related field at an accredited college or university;
(b) a specialist with a college degree or experience teaching one or more subjects in a topic noted in the individual's application for approval;
(c) an individual who possesses at least five years of full-time experience in a profession, trade, or technical occupation in the real estate field related to the subject matter proposed for instruction;
(d) a real estate instructor licensed or otherwise authorized in another state who can demonstrate proof of expertise in the subject matter proposed for instruction;
(e) a member in good standing of the bar of the State of New Jersey, or the bar of the highest court of another state, who is engaged in a field of law related to real estate; or
(f) an individual who can demonstrate teaching qualifications through education, experience, or both.
An individual with teaching experience shall include a resume detailing the teaching experience with an application.
1(10) Investigate a continuing education course, course provider, or course instructor suspected to be in violation of the provisions of this section. The commission may place on probation, suspend, or revoke the approval of a course, course provider, or course instructor found by the commission to be in violation of the provisions of this section or may, as an alternative to that probation, suspension, or revocation, impose on a course provider or course instructor a penalty of not more than $5,000 for the first violation, and a penalty of not more than $10,000 for any subsequent violation, which penalty shall be sued for and recovered by and in the name of the commission and shall be collected and enforced by summary proceedings pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).1
(cf: P.L.2018, c.71, s.13)
1[4.] 3.1 Section 24 of P.L.2009, c.238 (C.45:15-16.2b) is amended to read as follows:
24. Continuing education courses may be delivered in [a] an in-person classroom setting or via the Internet or video modalities, subject to the approval by the New Jersey Real Estate Commission of the providers and the content of such courses and of the measures utilized to ensure the security and integrity of the course delivery process. The commission may approve continuing education courses [which include] delivered through a live webinar, provided that such a course includes periodic progress assessments [and the achievement of a satisfactory level of performance by the licensee on such progress assessments] as a condition [to continuing to a succeeding segment of the course] of receiving credit for attendance. The commission may approve an online, self-paced continuing education course via the Internet or video modalities provided that a course includes the passage of an examination with a minimum score of 75 percent as a condition of receiving credit for attendance. The commission shall not require, as a condition of the receipt of credit for attendance at any in-person continuing education course, that a licensee pass a comprehensive examination testing the licensee's knowledge of the entire course content.
(cf: P.L.2018, c.71, s.14)
1[5.] 4.1 Section 27 of P.L.2009, c.238 (C.45:15-16.2e) is amended to read as follows:
27. a. Not less than [50 percent] 14 of the 18 hours of continuing education [courses of study] that a broker [,] or broker-salesperson [, or salesperson are] is required to complete as a condition for license renewal shall be comprised of [one or more of] the following [core] topics, except that a broker or broker-salesperson shall complete at least two hours of continuing education in one or more of the following topics, excluding Real Estate Licensee Safety, in an in-person classroom setting or through a live webinar:
(1) [Agency] two hours in Fair Housing;
(2) [Disclosure] three hours in Ethics;
(3) [Legal issues] two hours in Current Issues and Legal Updates;
(4) [Ethics, which shall not be less than two hours] two hours in Agency;
(5) [Fair housing] one hour in Real Estate Licensee Safety;;
(6) [Rules and regulations] two hours in Fiduciary Responsibility;
(7) [Real estate licensee safety] two hours in Broker Supervision; and
(8) [Financial literacy and planning; and] up to two hours in Timely Topics if prescribed by the commission pursuant to paragraph (8) of subsection b. of section 23 of P.L.2009, c.238 (C.45:15-16.2a).
(9) [Any other core
topics that the New Jersey Real Estate Commission may prescribe by rule.] (Deleted
by amendment,
P.L. , c. ) (pending before the Legislature as this bill)
[In no event shall the commission require that courses in these core topics comprise more than 60 percent of the total continuing education hours required for the renewal of any license.]
b. [In the case of continuing education courses and programs, each hour of instruction shall be equivalent to one credit.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
c. [Notwithstanding the provisions of subsection a. of this section, the commission shall require that the continuing education courses of study that a broker, broker-salesperson, or salesperson are required to complete as a condition for license renewal shall be comprised of at least one hour on the core topic of fair housing and housing discrimination during each biennial license term.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
d. [Notwithstanding the provisions of subsection a. of this section, the commission shall require that a continuing education course on agency be completed by a broker, broker-salesperson, and salesperson as a condition for license renewal during each biennial license term.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
e. Not less than 10 of the 18 hours of continuing education that a salesperson is required to complete as a condition for license renewal shall be comprised of the following topics, except that a salesperson shall complete at least two hours of continuing education in one or more of the following topics, excluding Real Estate Licensee Safety, in an in-person classroom setting or through a live webinar:
(1) two hours in Fair Housing;
(2) three hours in Ethics;
(3) two hours in Current Issues and Legal Updates;
(4) two hours in Agency;
(5) one hour in Real Estate Licensee Safety; and
(6) up to two hours in Timely Topics if prescribed by the commission pursuant to paragraph (8) of subsection b. of section 23 of P.L.2009, c.238 (C.45:15-16.2a).
f. A real estate salesperson licensed with a referral company shall only be required to complete 2 hours of continuing education in Referral Responsibilities and Legal Updates as a condition of biennial license renewal, which course shall not count towards the continuing education requirements required for real estate brokers, broker-salespersons, or salespersons.
(cf: P.L.2024, c.32, s.16)
1[6. Section 28 of P.L.2009, c.238 (C.45:15-16.2f) is amended to read as follows:
28. Course providers shall [maintain]:
a. Maintain records of the successful completion of continuing education courses by licensees and shall transmit this data to the New Jersey Real Estate Commission or its designee in a manner as directed by the commission;
b. Post a $15,000 bond to the commission, which shall be forfeited if the course provider fails, as determined by the commission, to comply with the provisions of P.L. , c. (pending before the Legislature as this bill); and
c. Be authorized to approve their own continuing education instructors and courses, provided that the course provider provides proof to the commission of at least 20,000 successful completions by real estate licensees of continuing education courses provided by the school in the previous biennial license term.
(cf: P.L.2009, c.238, s.28)]1
1[7. (New section) A continuing education instructor approved by the commission prior to the date of enactment of P.L. , c. (pending before the Legislature as this bill) shall provide proof to the commission that the instructor taught at least two approved continuing education courses in the previous biennial license term to be eligible for reapproval as a continuing education instructor.]1
1[8.] 5.1 (New section) The New Jersey Real Estate Commission shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act.
1[9.] 6.1 This act shall take effect July 1, 2027, and shall apply to all biennial real estate license terms commencing on or after that date, except that the New Jersey Real Estate Commission shall take such anticipatory rulemaking and other administrative action in advance as shall be necessary for the implementation of this act.
