NOTICE TO PERSONS CONSIDERING SEEKING A NEW JERSEY REAL ESTATE LICENSE
RE: Qualifications for Licensure
Before you make the commitment to enroll in a real estate pre-licensure course, you should be aware of the following information.
The law in New Jersey requires all applicants for licensure as a real estate salesperson or broker to possess good character, trustworthiness, honesty and integrity. N.J.S.A. 45:15-9. To enforce this requirement, all applicants for licensure must submit to a criminal history record check. In addition, presuming you successfully complete the course, at the time you take the state license examination you will be asked to provide responses to certain "screening questions". The questions relate to the statutory qualifications to receive a real estate license. Among these are the candidate being over the age of I 8 and having a high school diploma or its equivalent on the date of the examination. The statutory qualifications also include the absence of any convictions for forgery, burglary, robbery, any theft offense other than shoplifting, criminal conspiracy to defraud, or other like offenses within the five years preceding the application for licensure. See N.J.S.A. 45: 15-12.1.
As was noted above, the law also provides that an applicant for a real estate license must have good character, honesty, trustworthiness and integrity. Therefore, convictions for shoplifting, fraud or other convictions for the offenses specified in N.J.S.A. 45: 15-12.1 which have occurred more than five years ago. Also, the loss of a real estate or other professional license for cause, may constitute grounds for the denial of a license application under N.J.S.A. 45: 15-9. Consequently, the Commission considers the date and nature of all convictions and other indicia of the applicant's character, honesty, trustworthiness and integrity when evaluating an applicant's qualifications for licensure.
The purpose of this Notice is to urge you to consider whether any such incidents in your background may serve to disqualify you from licensure as a real estate salesperson or broker. If you have any questions or doubts about whether you will qualify for licensure, you can call the Commission for guidance at 609-292-7272 (Investigations).
Should you pass the exam you will be required to sign a form on which your answers to the screening questions referred to above will appear. By signing that form you will certify to the Commission that those answers are truthful and accurate. THAT FORM IS PART OF YOUR APPLICATION FOR A LICENSE. Providing false information in response to a screening question is grounds for the denial of your application and for the suspension or revocation of any license issued to you, and the imposition of substantial fines. See N.J.S.A. 45: 15-l 7(n). Therefore, it is always better to disclose any convictions, misdemeanor, or disorderly persons offensives, than to answer a question in a way that may raise concerns about whether your answers were dishonest. In all cases where a passing candidate's response to a screening question does raise a concern about his or her qualifications for licensure, the candidate is given the opportunity to submit a full written explanation of the response.
SCREENING QUESTIONS
1. With the exception of motor vehicle violations, have you ever been convicted of a crime, misdemeanor, or disorderly persons offense in the state of New Jersey, any other state or by the federal government, or are you presently on probation or parole?
2. Is there a criminal complaint, disorderly persons charge, a criminal accusation or criminal information presently pending against you or are you presently under indictment in New Jersey, any other state or by the federal government, or are you presently enrolled in New Jersey's Pre-Trial Intervention (PTI) program or any similar State or Federal program involving the deferral of the disposition or sentencing in a criminal matter?
3. Have you ever had a real estate or other professional license, certification or similar credential revoked, suspended, surrendered in lieu of formal prosecution, or denied in New Jersey or any other state?
4. Do you have a child support obligation on which there is an arrearage due that equals or exceeds the amount of child support payable for six months, or are you the subject of a child support related warrant, or during the past six (6) months have you failed to provide any courtordered health care coverage, or have you failed to respond to a subpoena relating to a paternity or child support proceeding?
5. Are you UNDER the age of 18 at the time of taking this examination?
6. Do you now hold, or have you ever held, ANY license issued by the New Jersey Real Estate Commission?
7. Are you a high school graduate or the holder of a G.E.D.?
8. Do you currently hold a real estate license issued by another state?
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