New Hampshire guide

Buyer Representation Agreements in NH After the NAR Settlement

In New Hampshire, you have to sign a written buyer representation agreement with your agent before they can tour any homes with you, in person or online.

Reading as buyer.

TL;DR

In New Hampshire, you have to sign a written buyer representation agreement with your agent before they can tour any homes with you, in person or online. The agreement spells out what you'll pay your agent and what they'll do for you. If the seller offers to cover your agent's fee, that counts toward what you owe, but if it's less than your agreement says, you pay the difference.

Before you start — 10 things to know

  • Since August 17, 2024, rules require any agent who uses the to get a written buyer agreement signed before touring any home with you, even a virtual tour.

  • New Hampshire's Office of Professional Licensure and Certification has told brokers to follow the written buyer agreement rule, so this is the standard practice across the state.

  • The agreement must list a specific dollar amount or a clear formula for your agent's pay, like a set percentage of the purchase price. Words like 'customary' or 'whatever the seller offers' are not allowed.

  • Your agreement also has to spell out how long it lasts, what types of homes and what areas it covers, what your agent owes you, and how either of you can end it.

  • If the seller offers to pay your agent, that money goes toward what you owe under your agreement. If the seller offers less than your agreement says, you pay the rest out of pocket.

  • New Hampshire's real estate law (RSA 331-A) already expects agents to document their relationship with clients in writing, so written buyer agreements line up with state rules even outside the rule.

  • If you don't want to sign a full representation agreement, an agent can still help you in a limited 'facilitator' role with written disclosed terms, but they can't tour homes with you under a normal buyer-agent setup without a signed agreement.

  • The buyer agreement protects you too. It locks in what your agent will charge so you don't get surprised at closing, and it spells out the duties your agent owes you.

  • You can negotiate the terms before signing. You can ask for a shorter term, a lower fee, or to limit the agreement to one specific property if you're just starting out.

  • Your agent must explain how their pay works before you write an offer, including what happens if the seller's offered amount doesn't cover the full fee.

The timeline — step by step

  1. Interview agents and ask each one how their buyer representation agreement works, how they get paid, and how long they lock you in.

  2. Read the agreement carefully. Check the fee amount or formula, the term length, the areas and home types covered, and how to end it.

  3. Negotiate anything that doesn't fit you, like a shorter term or a lower percentage. You can also ask to start with a single-property agreement before committing longer.

  4. Sign the written agreement before your first home tour, including any virtual showing, because the rule requires it.

  5. When you find a home, ask your agent how much the seller is offering toward your agent's fee, and whether it covers your full agreed amount.

  6. If the seller's offer falls short, decide whether to ask the seller to cover the gap in your offer or to pay the difference yourself at closing.

  7. At closing, confirm the buyer-agent compensation on the settlement statement matches your written agreement.

Common questions

Do I really have to sign a buyer agreement before I see any homes in New Hampshire?
Yes. Since August 17, 2024, any agent using the must have a written buyer agreement signed before touring with you, and New Hampshire's licensing office has told brokers to follow the rule.
How much will my agent charge under this agreement?
The agreement must list a specific dollar amount or a clear formula like a set percentage of the purchase price. You and the agent agree on this number before signing, and it is negotiable.
What if the seller agrees to pay my agent?
Seller-paid compensation goes toward what you owe under your agreement. If the seller pays the full amount, you owe nothing extra. If the seller pays less, you cover the gap.
Can I get out of the agreement if it isn't working?
Yes. The agreement must spell out how it ends, including any termination options. Ask about the exit terms before you sign so you know your options.
What if I just want help on one specific house and not a long commitment?
You can ask for a single-property or short-term agreement that only covers that home or a short search window. Many agents will write a limited agreement if you ask.
What happens if I refuse to sign anything?
An agent can't tour homes with you as your buyer's agent without a signed agreement. They may be able to work with you in a limited 'facilitator' role with written disclosed terms, but full buyer representation requires the signed agreement.
Is the fee really negotiable, or is there a set rate?
It is negotiable. There is no set rate in New Hampshire, and vague phrases like 'customary' are not allowed. You and the agent must agree on a specific number or formula in writing.

Glossary

2 terms
NAR — National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.

Sources

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