Agency Relationships in New Hampshire
New Hampshire requires early disclosure of brokerage relationships and recognizes both client (agency) and non-agency (facilitator) roles. This chapter explains the disclosure and the recognized relationships.
Brokerage Relationship Disclosure
New Hampshire licensees must disclose the available brokerage relationships to a consumer early in the relationship, before the consumer discloses confidential information, so the consumer understands whether the licensee will represent them. The disclosure explains options such as seller agency, buyer agency, disclosed dual agency, designated agency, and acting as a facilitator. Early disclosure protects consumers by clarifying the licensee's role.
Client Representation and the Facilitator Role
When a licensee represents a client as a seller's agent or buyer's agent, the licensee owes that client fiduciary-type duties of loyalty, confidentiality, obedience, disclosure, reasonable care, and accounting. New Hampshire also recognizes the facilitator (non-agency) role, in which the licensee assists a party in a transaction without representing either as a client and owes no fiduciary duties, but must still act honestly and disclose known material defects.
Dual and Designated Agency
Disclosed dual agency, where one licensee represents both the buyer and the seller, is permitted only with the informed written consent of both parties, and the licensee may not reveal one party's confidential information to the other. New Hampshire also recognizes designated agency, in which the managing broker assigns separate affiliated licensees to represent the buyer and the seller within the same firm so each client can receive advocacy.
State-specific details
State exam facts
- State regulator
- New Hampshire Real Estate Commission (OPLC)
- Exam vendor
- PSI
- Prelicensing education
- 40 hours of approved salesperson pre-license education
How many prelicensing hours does New Hampshire require to become a real estate agent?
New Hampshire requires a 40-hour salesperson pre-license course approved by the Real Estate Commission before you sit for the state exam.
Who licenses real estate agents in New Hampshire?
The New Hampshire Real Estate Commission, within the Office of Professional Licensure and Certification (OPLC), licenses salespersons and brokers. The Commission uses PSI to deliver the exam.
How is the New Hampshire salesperson exam structured?
The New Hampshire salesperson exam is delivered by PSI with a national portion and a New Hampshire state portion, scored separately; you must pass both. Confirm the current scored-question counts in the PSI Candidate Information Bulletin.
Sources: https://www.oplc.nh.gov/real-estate-commission, https://www.psiexams.com/
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