Complaints against brokers or salespersons must be based on violations of the license law, or the administrative rules of the New Hampshire Real Estate Commission.

For this reason, it is a good idea for potential complainants to spend a few moments going over the points of their case with one of the Commission investigators before initiating the complaint process. We have found that spending this time on the phone, to insure that their claim falls within the requirements of the law, can save complainants a lot of time and effort later.

Sometimes, potential complaints can be resolved to the satisfaction of both parties even before they are formally filed. Often in cases of miscommunication between a licensee and his/her client or customer, for example, one or two phone calls from the Commission at the right time can clear up a problem before it becomes a violation of the law.

If a member of the public feels that (s)he has a legitimate complaint against a real estate licensee, than (s)he can request a "complaint packet" from the Commission. A form in the packet (Form 11) must be filled out, describing the licensee’s behavior that is the basis for the complaint, and citing the sections of the license law (also included in the packet) that (s)he believes have been violated. After signing the form in the presence of a notary or justice of the peace, the complainant returns it to the Commission.

A copy of the complaint is then sent to the licensee, who has 30 days to return an answer to the Commission. In the interim, the Commission begins an investigation into the matter.

After the licensee’s answer is received, a copy is sent to the complainant; and when the investigation is completed, and both sides have had ample opportunity to submit material, the form case file is presented to a member of the Commission for evaluation to determine whether or not a hearing is warranted.

The evaluating Commission member then makes his/her recommendation to the other Commission members, and those members vote on the recommendation.

If the Commission determines that a hearing is warranted, the Commission staff tries to schedule it to be heard as soon as possible.

Both the complainant and the respondent are sent notice of the date of the hearing by certified mail at least 14 days in advance.