Agency FAQ's

What is Agency?
Agency is the relationship between a Seller and agent or Buyer and agent. Your agent, at your first appointment, will review Agency law with you by explaining the Brokerage Relationship Disclosure Form.  This disclosure is required by New Hampshire RSA and is Not a contract.
 
Types of Brokerage Relationships commonly practiced in New Hampshire:
 
SELLER AGENCY (RSA 331-A:25-b)

A seller agent is a licensee who acts on behalf of a seller or landlord in the sale, exchange, rental, or lease of real estate.  The seller is the licensee’s client and the licensee has the duty to represent the seller’s best interest in the real estate transaction.

BUYER AGENCY (RSA 331-A:25-c)

A buyer agent is a licensee who acts on behalf of a buyer or tenant in the purchase, exchange, rental, or lease of real estate. The buyer is the licensee’s client and the licensee has the duty to represent the buyer’s best interests in the real estate transaction.

SINGLE AGENCY

Single agency is a practice where a firm represents the buyer only, or the seller only, but never both in the same
transaction. A disclosed dual agency cannot occur.

SUB-AGENCY

A sub-agent is a licensee who works for one firm, but is engaged by the principal broker of another firm to perform agency functions on behalf of the principal broker’s client. A sub-agent does not have an agency relationship with the customer.

DISCLOSED DUAL AGENCY (RSA 331-A:25-d)

A disclosed dual agent is a licensee acting for both the seller landlord and the buyer/tenant in the same transaction with the knowledge and written consent of all parties.
 
The licensee cannot advocate on behalf of one client over another. Because the full range of duties cannot be delivered to both parties, written informed consent must be given by all clients in the transaction.
 
A Dual Agent may not reveal confidential information without consent, such as:

 1. Willingness of the seller to accept less than the asking price.

 2. Willingness of the buyer to pay more than what has been offered.

 3. Confidential negotiating strategy not disclosed in the sales contract as terms of the sale.

 4. Motivation of the seller for selling nor the motivation of the buyer for buying.

DESIGNATED AGENCY (RSA 331-A:25-e)

A Designated Agent is a licensee who represents one party of a real estate transaction and who owes that party client level duties, whether or not the other party to the same transaction is represented by another individual licensee associated with the same brokerage firm.

FACILITATOR (RSA 331-A:25-f)
 
A Facilitator is an individual licensee who assists one or more parties during all or a portion of a real estate transaction without being an agent or advocate for the interests of any party to such transaction.
 
This relationship may change to an agency relationship by entering into a written contract for representation, prior to the preparation of an offer.
 
If another relationship between the licensee who performs the services and the seller, landlord, buyer or tenant is intended, it must be described in writing and signed by all parties to the relationship prior to services being rendered.
 
 
What if I see a property listed with another agency?
Your agent can still set up the appointment, show you the property and work with you through closing. We are part of the Multiple Listing Service for the States of NH and MA. We can show you ANY and ALL properties listed.


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