New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 61 - REAL ESTATE BROKERS
Part 3 - REAL ESTATE BROKER'S LICENSE: EXAMINATION AND LICENSING APPLICATION REQUIREMENTS
Section 16.61.3.9 - EXAMINATION AND LICENSING REQUIREMENTS
Universal Citation: 16 NM Admin Code 16.61.3.9
Current through Register Vol. 35, No. 18, September 24, 2024
A. Associate broker's license: prior to applying for an associate broker's license, an applicant must pass both a national broker examination prescribed by the commission, and the New Mexico real estate broker's examination prescribed by the commission.
B. Examination application.
(1) Applications to take the prescribed
broker's examination(s) are made directly to the commission's examination
contractor on a form prescribed by the commission and provided by the
contractor in a candidate information bulletin. Along with the application
form, an applicant must submit certificates of completion of
commission-approved 30-hour pre-licensing courses in real estate principles and
practice, real estate law, and broker basics. These pre-licensing courses must
have been completed within the three years prior to application to take the
examinations. Exam candidates who are licensed as associate brokers and are
taking the broker's examination to upgrade to qualifying broker are exempt from
the three-year time limit and must only provide documentation of course
completion.
(2) Exam candidates
originally licensed as real estate salespersons or brokers or licensees in
other states or jurisdictions may apply for waivers from completing the real
estate principles and practice and real estate law courses in New Mexico and
from taking the national portion of the broker's examination if they can
provide a certified license history from their resident licensing jurisdiction
documenting that they have completed these courses or their equivalent. A New
Mexico associate broker upgrading to qualifying broker will be exempt from
taking the national portion of the broker's exam.
(3) Except in a case of a license applicant
from a state or jurisdiction with which the New Mexico real estate commission
has a written license recognition agreement, an exam applicant cannot be
exempted from completing the commission-approved 30-hour broker basics
course.
(4) License applicants
currently licensed by state or jurisdiction with which the commission has a
written license recognition agreement are not required to take any of the
prescribed pre-licensing courses or take either portion of the broker's
examination to be eligible to apply for a New Mexico broker's
license.
(5) Exam applicants
exempted from taking the real estate principles and practice and real estate
law courses by virtue of having a current real estate broker's license in
another state shall attach to their examination application a letter of
pre-licensing education waiver from the commission and a certificate of
completion of the 30-hour broker basics course.
(6) All other applicants for the examination
shall attach to their license examination application certificates documenting
completion of one 30-hour pre-licensing course each in real estate principles
and practice, real estate law, and broker basics.
(7) At the time of making application to take
the examination, applicants shall pay to the commission's examination
contractor a non-refundable fee not to exceed $95.
(8) Applicants are required to pass both the
state and national portions of the examination with a minimum score of 75 no
later than 90 calendar days after the first time they took the examination.
Applicants failing to pass both portions of the examination within this time
frame will be required to re-take and pass both portions of the examination
before being eligible to apply for a broker's license.
C. Associate Broker License application.
(1) Upon passing both portions of the New
Mexico real estate broker's examination, an individual has six months to apply
for an associate broker's license on the application prescribed by the
commission.
(2) An individual who
fails to apply for an associate broker's license within six months of having
passed both portions of the broker's examination shall be required to re-take
both portions of the examinations six month deadline.
(3) An applicant for an associate broker's
license shall be a legal resident of the United States and have reached the age
of majority in New Mexico or in the state in which the applicant
resides.
(4) Along with the license
application form prescribed by the commission, the applicant must submit a
written score report provided by the examination contractor documenting that
the applicant has passed both portions of the examination with a minimum score
of 75, documentation of having been fingerprinted for purposes of matching with
state and national arrest record databases, a certificate of insurance
documenting that the applicant has a current errors and omissions insurance
policy that meets the requirements for such insurance as described in 16.61.5
NMAC of the commission rules, and a non-refundable license application fee not
to exceed $270. Recent veteran applicants and military service members, their
spouses and dependent children, are exempt from the license application fee for
the first period of licensure.
D. Qualifying broker's license examination: there is no separate qualifying broker's examination.
E. Expedited licensure for military service members, spouses, children, and veterans.
(1)
Applicants for licensure shall meet the following requirements:
(a) complete an application on a form
provided by the real estate commission.
(b) include on the application the
applicant's full name, current mailing address, and email address if any, date
of birth, and proof of a criminal background check obtained through
fingerprinting.
(2) The
applicant shall also provide documentation that they are licensed and in good
standing in another jurisdiction, including a branch of the United States armed
forces, and have met the minimum licensing requirements in a jurisdiction with
requirements that are substantially equivalent to New Mexico licensing
requirements.
(3) The applicant
shall provide documentation as follows:
(a)
for a military service member, a copy of military orders;
(b) for a spouse of military service member,
a copy of military service member's military orders, and a copy of the marriage
license;
(c) for spouses of
deceased military service members, a copy of decedent's form DD 214 and a copy
of the marriage license;
(d) for
dependent children of military service members, a copy of military service
member's orders listing dependent children, or a copy of birth certificate,
military service member's federal tax return or other governmental or judicial
documentation establishing dependency;
(e) for veterans (retired or separated): a
copy of form DD 214 showing proof of honorable discharge.
(4) The license shall be issued by the real
estate commission as soon as practicable but no later than thirty days after a
qualified military service member, spouse, dependent child, or veteran files a
complete application, and provides proof a criminal background check obtained
by fingerprinting.
(5) Military
service members and veterans shall not pay and the real estate commission shall
not charge a licensing fee for the first three years for a license issued
pursuant to this rule.
(6) A
license issued pursuant to this section shall be valid for a period of three
years from the date of issuance to the last day of the month following the
licensee's birth month.
F. License renewal requirements.
(1) A license issued pursuant to this section
shall not be renewed unless the license holder satisfies the requirements for
renewal set forth in
16.61.11.8 NMAC
pursuant to Chapter 61, Article 61-29-11 D NMSA 1978.
(2) As a courtesy, the real estate commission
will send via electronic mail license renewal notifications to licensees before
the license expiration date to the last known email address on file with the
board. Failure to receive the renewal notification shall not relieve the
licensee of the responsibility of timely renewal on or before the expiration
date.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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