New Hampshire guide

Antitrust Compliance and Source Disclosure for NH Licensees

In New Hampshire, your buyer's agent has to tell you exactly how much they will be paid, who is paying it, and that the number was negotiated for your deal — not set by any industry group.

Reading as buyer.

TL;DR

In New Hampshire, your buyer's agent has to tell you exactly how much they will be paid, who is paying it, and that the number was negotiated for your deal — not set by any industry group. Federal antitrust law makes it a crime for agents at different firms to agree on commission rates, so a 'standard rate' answer is a red flag. You should also be told about any referral fees or kickbacks your agent receives from title companies, lenders, or inspectors before you use those services.

Before you start — 7 things to know

In New Hampshire, your buyer's agent must tell you how much they will be paid and who is paying it (seller concession, you directly, or a mix) before you sign an offer.
Federal antitrust law (the Sherman Act) makes it illegal for agents from competing firms to agree on commission rates, so there is no legal 'standard' buyer-agent fee in NH.
After the 2024 settlement, buyer-agent compensation is openly negotiated between you and your agent and is no longer advertised on the .
If an agent says 'everyone in this market charges X percent,' that is a warning sign — under RSA 331-A's honesty duty, your NH agent should explain their fee as their own, not the industry's.
You can ask the seller to cover your agent's fee through a seller concession written into your offer; whether the seller agrees is part of the negotiation.
Your NH agent must disclose any referral fees or kickbacks they get from title companies, lenders, or inspectors before steering you toward those services, under both federal RESPA and state honesty rules.
Get the compensation amount, who is paying, and any referral arrangements in writing — verbal-only disclosures are hard to enforce later.

The timeline — step by step

Before you tour homes, sign a written buyer agency agreement with your NH agent that states the fee amount and how it will be paid.
Before making an offer, confirm with your agent in writing the exact compensation amount and the source (seller concession, your funds, or a combination).
When writing the offer, decide with your agent whether to ask the seller for a concession that covers the buyer-side fee.
Before choosing a title company, lender, or inspector, ask your agent in writing whether they receive any referral fee or marketing payment from that provider.
At closing, review the settlement statement to confirm the agent compensation matches what was disclosed and agreed in writing.

Common questions

Is there a standard buyer-agent commission rate in New Hampshire?

No — under the Sherman Antitrust Act, agents from different firms cannot agree on rates, so every fee is independently negotiated between you and your agent.

When does my NH agent have to tell me how they're getting paid?

Before you sign an offer, your agent must disclose the compensation amount, who is paying it, and that the number was independently negotiated, per RSA 331-A's honesty standards.

Can the seller still pay my agent's commission after the [[NAR]] settlement?

Yes — the seller can pay your agent through a concession, but it has to be negotiated in your offer, not pre-set on the .

What if my agent says everyone in town charges the same percentage?

Treat that as a warning sign — coordinating rates across firms is an antitrust violation, and your NH agent should present their fee as their own under RSA 331-A's honesty duty.

Does my agent have to disclose payments from a title company or lender?

Yes — under federal RESPA and New Hampshire's honesty rules, any referral fee, marketing fee, or kickback from a service provider must be disclosed to you before you use that provider.

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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