New Hampshire Principles and Practice
Area V is ten items across ten lettered subtopics, so it is the one area where the exam's own structure gives roughly one item per topic: human rights, environmental issues, the Condominium Act, planning and zoning, wetlands, taxation, manufactured housing, property management, recordation, and descent and distribution.
Human Rights and Environmental Notification
RSA 354-A:8 makes the opportunity to obtain housing without discrimination a civil right on the grounds of age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability and national origin, and adds that no person shall be denied those rights on account of sexual orientation - so New Hampshire adds age, gender identity, marital status and sexual orientation to the seven federal classes. RSA 354-A:10 turns that into a list of unlawful practices in real estate transactions, and RSA 354-A:9, IX reaches a real estate broker or salesman "whether licensed or not". On environmental matters the pivotal section is RSA 477:4-a, which since January 1, 2025 has been headed "Notification Required; Radon, Arsenic, Lead PFAS and Flood" and requires the seller or seller's agent to give the buyer five quoted paragraphs, acknowledged by the buyer's signature, before the purchase and sale contract is executed. Paragraph II says the section creates no liability for failure to give the notification and does not affect the validity of title. Around it sit the specific regimes the outline lists: RSA 147-A and 147-B on hazardous waste, RSA 485-A on water pollution and waste disposal, RSA 485 and 482-B on drinking water, RSA 141-E on asbestos, RSA 146-C on underground storage tanks and RSA 130-A on lead paint.
Condominiums, Land Use and Wetlands
RSA 356-B is the Condominium Act. On a resale by anyone other than the declarant, RSA 356-B:58 entitles the prospective unit owner, before the contract date, to statements on anticipated capital and major maintenance expenditure for the current and next two fiscal years, the reserve fund, last year's income statement and balance sheet, pending suits against the association, the split between association and owner insurance, whether the prior owner's alterations are known to violate the instruments, the declaration, by-laws and rules, and the monthly and annual fees plus special assessments in the last three years - and requires the association's principal officer to furnish them within 10 days of a written request. A sale by the declarant is governed instead by the public offering statement under RSA 356-B:52. In land use, RSA 674:33, I(a)(2) allows a variance only where it is not contrary to the public interest, the spirit of the ordinance is observed, substantial justice is done, surrounding property values are not diminished, and literal enforcement would cause unnecessary hardship as defined in I(b). RSA 482-A:3, I(a) requires a permit from the Department of Environmental Services before excavating, removing, filling, dredging or constructing structures in or on any bank, flat, marsh or swamp adjacent to waters of the state, with the municipality's clerk certifying receipt and circulating copies locally.
Taxation, Tenancies, Recording and Intestacy
RSA 78-B:1 imposes the real estate transfer tax at $.75 per $100 of the price or consideration, with a $20 minimum where the consideration is $4,000 or less, and RSA 78-B:1, III applies that rate to buyer and seller alike, so the combined burden is $1.50 per $100. RSA 79-A:7 imposes the land use change tax at 10 percent of full and true value when land leaves current use. RSA 76:16 lets a taxpayer apply to the selectmen or assessors for an abatement by March 1 following the notice of tax, with appeal routes in RSA 76:16-a and 76:17. RSA 205-A:4 limits eviction from a manufactured housing park to six grounds, with RSA 205-A:3 requiring 18 months' notice for condemnation or change of use. RSA 540:2 separates restricted from non-restricted property and lists the grounds for terminating a restricted tenancy, and RSA 540-A:6 caps a residential security deposit at one month's rent or $100, whichever is greater, requires a receipt in most cases, keeps the money in trust for the tenant, and requires interest once the deposit has been held a year or more. On title, RSA 477:1 lets real estate be conveyed by deed without further ceremony, RSA 477:3 requires the grantor's signature, acknowledgment and the grantee's mailing address, and RSA 477:3-a makes an unrecorded conveyance ineffective against bona fide purchasers for value. RSA 551:2 requires a will to be written, signed and attested by two credible witnesses; RSA 561:1 distributes an intestate estate, giving a surviving spouse the first $250,000 plus half the balance where all the decedent's children are also the spouse's and the spouse has no others.
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State-specific details
State exam facts
- State regulator
- New Hampshire Real Estate Commission (Office of Professional Licensure and Certification)
- Exam vendor
- PSI
- Prelicensing education
- 60 hours of approved study
- Passing score
- 56 of 80 points (national); 28 of 40 points (state)
- Scored questions
- 115
- Time limit
- 240 minutes
Who regulates real estate brokers in New Hampshire?
The New Hampshire Real Estate Commission, which sits within the Office of Professional Licensure and Certification (OPLC) in Concord, licenses real estate salespersons and brokers. The Commission has contracted with PSI Services LLC to conduct the examination program at test centers in Concord, Keene, Manchester, Nashua, Newington, and Portsmouth, as well as out-of-state locations. Note when you study that the 2023 OPLC consolidation act repealed RSA 331-A:15, :17, :18, :19, :28, :29, :30, :31, :33, :34, and :35 effective September 1, 2023: renewal, expiration, discipline, and hearing procedure for this board now live in RSA 310, while the prohibited-conduct grounds in RSA 331-A:26 are unchanged.
What experience do I need before the New Hampshire broker exam?
Under RSA 331-A:10, broker applicants must have been employed full-time by an active principal broker for at least one year within the five years before application, or have at least 2,000 part-time hours as a licensed salesperson in New Hampshire within that same five-year window. In addition, every broker applicant must submit evidence of at least six separate real estate transactions in which they were actively involved and compensated, and must show 60 hours of approved study. Candidates who believe they have equivalent experience can request a waiver from the Commission.
How is the New Hampshire broker exam structured?
The broker exam has a national portion and a New Hampshire state portion, taken in a combined session of 240 minutes. New Hampshire scores in points rather than a straight percentage, and the counts differ: the national broker portion is 75 items worth 80 points, because national broker exams include items scored up to two points, with 56 points needed to pass. The state portion is 40 items worth 40 points with 28 points needed to pass, giving 115 items and 120 points overall. New Hampshire publishes one state content outline for salespersons and brokers alike, and it splits the 40 state items into five areas: Real Estate Commission (3), Licensure (5), Regulation of Licensee Conduct (11), Regulation of Agency Conduct (11), and New Hampshire Principles and Practice (10).
Sources: https://www.oplc.nh.gov/find-board/nh-real-estate-commission/real-estate-examination-information, https://test-takers.psiexams.com/api/content/bulletin/6529
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