Robinson v. New Hampshire Real Estate Commission

Summary

The New Hampshire Supreme Court held that a property owner selling his own property was exempt from the New Hampshire Real Estate Practices Act under RSA 331-A:4, I. The exemption applied even though the owner allegedly held himself out as a licensed real estate broker. Accordingly, the New Hampshire Real Estate Commission lacked subject matter jurisdiction to conduct a disciplinary hearing concerning the transaction.

Holdings

1. RSA 331-A:4, I, plainly exempts a property owner from the New Hampshire Real Estate Practices Act with respect to property owned by that owner, including when the owner holds himself out as a real estate broker.
2. RSA 331-A:28, I, does not authorize the Commission to impose discipline on a property owner selling the owner's own property because RSA 331-A:4, I, excludes that transaction from the Act's provisions.
3. The Commission lacked subject matter jurisdiction to hold a disciplinary hearing on the buyers' complaint because Robinson was exempt from the Act while selling his own property.

Questions Presented

1. Whether the New Hampshire Real Estate Commission had subject matter jurisdiction to hold a disciplinary hearing concerning an owner's sale of property the owner personally owned.
2. Whether the property-owner exemption in RSA 331-A:4, I, applies even when the owner holds himself out as a real estate broker.
3. Whether RSA 331-A:28, I, authorized the Commission to impose discipline despite the property-owner exemption.

Disposition

reversed