New Hampshire Real Estate Broker Exam — All Questions

3 questions

Agency Disclosure & Disclosed Dual Agency

When must a New Hampshire licensee provide the Commission's agency relationship brochure to a consumer?

  • a.At the first regular business meeting, before the consumer discloses confidential information
  • b.Only at the closing table
  • c.Only if the consumer specifically asks for it
  • d.After a purchase and sale agreement has already been signed

New Hampshire licensees must provide the Commission's brochure describing agency relationships at the first regular business meeting, before the consumer discloses confidential information. The disclosure is informational and does not by itself create an agency relationship.

Agency Disclosure & Disclosed Dual Agency

Under New Hampshire law, disclosed dual agency is permitted only when:

  • a.The broker decides it is in the firm's best interest
  • b.The seller alone agrees to it in writing
  • c.Both the seller and the buyer give informed written consent
  • d.The transaction price exceeds a set dollar threshold

New Hampshire allows disclosed dual agency, where a firm represents both seller and buyer in one transaction, only with the informed written consent of both parties. The dual agent must not reveal one party's confidential negotiating information to the other.

Agency Disclosure & Disclosed Dual Agency

A dual agent in New Hampshire learns the maximum price the buyer is willing to pay. The agent may:

  • a.Share it with the seller to help close the deal faster
  • b.Not disclose it to the seller, because it is confidential negotiating information
  • c.Disclose it only if the seller asks directly
  • d.Disclose it once an offer is accepted

A dual agent must not reveal one party's confidential negotiating information, such as the highest price a buyer will pay, to the other party. Protecting confidential information from both sides is a core condition of acting as a disclosed dual agent.

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