N.J.A.C. 11:5-6.10 — Real estate salespersons licensed with a real estate referral company or salesperson (referral)

(a) The brokerage activities of a salesperson licensed with a real estate referral company or a salesperson (referral) shall be limited to: 1. Directing prospects to websites and other sources of information on real estate matters generally available to the public; and 2. Referring prospects for the sale, purchase, exchange, leasing, or rental of real estate to the broker through whom they are licensed, should that broker authorize the salesperson (referral) to do so, to another licensee. In cases where referrals are made pursuant to such an authorization, the salesperson (referral) shall provide written or electronic notice to their broker or to that broker's designee, who shall be a broker-salesperson or salesperson licensee, at the time the referral is made. In accordance with N.J.S.A. 45:15-16, all compensation payable to a salesperson (referral) shall be paid by the broker through whom the salesperson (referral) is licensed. (b) A salesperson (referral) shall not be employed by, or licensed with, more than one broker at any given time. (c) No person shall be simultaneously licensed as a salesperson (referral) and a real estate broker, broker-salesperson, or a salesperson in this State. (d) Salesperson (referral) licensees shall not engage in prohibited brokerage activity for their broker or for others, and shall not receive compensation from their broker or any other person for engaging in prohibited brokerage activity. For the purposes of this section, prohibited brokerage activity includes, but is not limited to, the following: 1. Negotiating the purchase, sale, or exchange of an interest in real estate; 2. Leasing or renting or offering to lease or rent any interest in real estate; 3. Collecting rents for the use of real estate or any other monies; 4. Negotiating commissions or compensation rates and otherwise negotiating or signing listing or buyer-brokerage agreements; 5. Negotiating or signing contracts of sale or leases of real estate; 6. Accepting any funds of others to be held by a real estate broker acting in that capacity or as escrow agent or as the temporary custodian of the funds of others in a real estate transaction; 7. Conducting a public or private competitive sale of land or any interest in lands; 8. Negotiating, assisting in, or directing, the closing of any transaction which results or is contemplated to result in the sale, exchange, leasing, renting or auctioning of any real estate; 9. Negotiating, offering, attempting to, or agreeing to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon or transfer of any real estate; 10. Conducting showings or open house presentations of properties; 11. Participating in expositions, marketing shows or other presentations where information on specific properties or real estate interests marketed through a common promotional plan, including but not limited to planned unit developments, is provided to the public; 12. Providing information on listings, either in-person, or through electronic communication including telephone and the internet, beyond the information which the salespersons (referral) are permitted to provide with respect to websites and other sources of information as set forth at (a) above; and 13. Producing or presenting comparative market analyses or similar studies of real estate.