New Hampshire guide

NH Agency Relationships: Single Agency, Dual Agency, Designated Agency, and Facilitator

In New Hampshire, a real estate agent can represent you in one of four ways: single agency (just you), dual agency (you and the seller), designated agency (two agents from the same firm, one for each side), or facilitator (no real representation).

Reading as buyer.

TL;DR

In New Hampshire, a real estate agent can represent you in one of four ways: single agency (just you), dual agency (you and the seller), designated agency (two agents from the same firm, one for each side), or facilitator (no real representation). Each setup changes how much your agent can fight for your best price and terms. Before you share anything private, ask the agent which relationship they are offering and get it in writing.

Before you start — 8 things to know

  • New Hampshire law recognizes four agency relationships an agent can have with a buyer: single agency, disclosed dual agency, designated agency, and facilitator.

  • Single agency means your agent represents only you and owes you full loyalty, confidentiality, and advocacy throughout the transaction.

  • Dual agency is when one agent represents both you and the seller, and New Hampshire requires your written consent before that arrangement can begin.

  • Under dual agency, your agent cannot advise you on price strategy or push for a better deal because they owe the same duty to the seller.

  • Designated agency happens inside one brokerage when the broker assigns one licensee to you and a different licensee to the seller, and each designated agent still owes full fiduciary duty to their own client.

  • A facilitator in New Hampshire helps move the deal along but does not represent you, does not negotiate for you, and cannot give you price advice.

  • At your first serious meeting, the agent must give you a Brokerage Relationship Disclosure form that explains which of the four roles they are offering.

  • You can withdraw consent to dual agency at any time, and if you do, the agent has to stop representing both sides and either release one party or switch to designated agency.

The timeline — step by step

  1. At your first substantive meeting with a New Hampshire real estate agent, they must give you the Brokerage Relationship Disclosure form before you share private information about your finances or motivation.

  2. Read the disclosure and pick the agency relationship you want, such as single agency where the agent works only for you.

  3. Sign a written buyer agency agreement that locks in the relationship, the agent's duties, and how they get paid before you start touring homes.

  4. If you find a home listed by your own agent or their brokerage, the agent must pause and ask you in writing whether you consent to dual agency or designated agency for that specific deal.

  5. If you agree to dual agency, you sign a separate dual agency consent form acknowledging the agent can no longer advocate for either side on price.

  6. If you do not consent, the agent has to either refer you to another firm or have a different agent inside the same firm represent you under designated agency.

  7. Throughout the deal, confidential information you shared with your designated agent stays with that agent and is not shared with the seller's designated agent in the same firm.

  8. After closing, the agency relationship ends, but the agent's duty to keep your confidential information private continues.

Common questions

What is the difference between dual agency and designated agency in New Hampshire?
Dual agency means one single agent represents both the buyer and the seller in the same transaction and cannot advocate for either side, while designated agency means two different agents from the same brokerage each represent one side and each still owes full loyalty to their own client.
Can I refuse to consent to dual agency as a buyer in New Hampshire?
Yes, you can refuse dual agency at any time, and the agent must then either release one of the parties from representation or switch to designated agency using a different licensee in the firm.
What does it mean if my New Hampshire agent says they are working as a facilitator?
A facilitator is a non-agent role unique to New Hampshire where the licensee helps move paperwork and logistics but does not represent the buyer or seller, does not give negotiation advice, and only owes basic honesty and reasonable care.
When does my New Hampshire agent have to tell me which agency relationship they are offering?
The agent must hand over the Brokerage Relationship Disclosure form at the first substantive meeting, which is the first time you talk about a specific property, your finances, or your motivation to buy.
Does a New Hampshire facilitator have any duties to me at all?
A facilitator still owes you honesty, reasonable care, and proper accounting for any money they handle, but they do not owe you loyalty, confidentiality of your bargaining position, or advocacy for the best price.
Can my New Hampshire buyer's agent still advise me on what to offer if I agree to dual agency?
No, once dual agency starts the agent cannot advise you on price strategy or counter-offer tactics because they have to stay neutral between you and the seller.

Sources

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