New Hampshire Real Estate Listing Agreement

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Updated January 09, 2022

A New Hampshire real estate listing agreement is a legal contract entered into between a real estate broker and a client. Whereas the client is interested in selling a piece of real estate, the broker agrees to represent them and find the best offer they can for the property. A real estate agent bound by a listing agreement must always advocate and promote the client’s best interests, and exercise loyalty and confidentiality throughout the term of the contract. There are agreements that do not require the seller to pay a commission if the sale is not directly related to the efforts of the agent (exclusive agency or open listing). In most situations, however, the agent will earn a commission (percentage of the sale price) from the sale of the property (exclusive right-to-sell).

Brokerage Relationship Disclosure Form (§ 331-A:25-b) – An Agency Disclosure Form must be presented to the client during the first meeting.

Disclosed Dual Agency (§ 331-A:25-d) – Real estate agents who wish to represent both seller and buyer in a real estate transaction must obtain written consent from both parties (Sample Dual Consent Form).

Property Disclosure Statement (§ 477:4-d) – Written disclosure of a property’s condition must be presented to the buyer before a residential real estate transaction can be finalized.

Search a Licensee – Search for a business or individual licensed by the New Hampshire Real Estate Commission.

Sample Version

New Hampshire Association of Realtors (2008)Sample PDF