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.