New Hampshire Agency
Practice Questions & Answers (2026)
Agency law is one of the most tested subjects on the New Hampshire real estate exam, and it's also one of the most misunderstood. The New Hampshire Real Estate Commission expects licensees to understand the legal duties owed to clients vs. customers, and the specific timing of required disclosures under New Hampshire law. Study these questions carefully — candidates who rely on national agency frameworks and don't account for NH-specific rules are among the most common failures on the state portion.
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New Hampshire Agency — Practice Questions & Answers
133 questions on Agency from the New Hampshire real estate question bank. First 10 are free — sign up to unlock all 133.
Q1. In New Hampshire, which form is required to disclose agency relationships to buyers and sellers?
Explanation
New Hampshire requires licensees to provide the Disclosure of Agency Relationship form to consumers at first meaningful contact to explain the agency options available.
Q2. A New Hampshire listing agent represents the seller. When a buyer without a buyer's agent contacts the listing agent, the listing agent may:
Explanation
A listing agent may act as a facilitator to assist an unrepresented buyer, but must clearly disclose this role and that their primary duty remains to the seller unless dual agency is agreed upon.
Q3. Which duty does a New Hampshire buyer's agent owe ONLY to the buyer and not to third parties?
Explanation
Loyalty and confidentiality are fiduciary duties owed exclusively to the client. Disclosure of material defects and compliance with fair housing laws are duties owed to all parties.
Q4. In New Hampshire, a buyer and seller who are both clients of the same brokerage but represented by different agents within that brokerage involves:
Explanation
When two separate agents within the same firm represent the buyer and seller respectively, it is called in-company or designated agency. This is generally less problematic than true dual agency.
Q5. What is sub-agency in a real estate transaction?
Explanation
Sub-agency arises when a cooperating agent works in the transaction on behalf of the listing broker's client (the seller), owing fiduciary duties to the seller rather than the buyer they are assisting.
Q6. If a New Hampshire agent learns that their buyer client intends to use the property for an illegal purpose, the agent should:
Explanation
An agent's duty of obedience does not extend to illegal instructions. If a client reveals an illegal intended use, the agent must refuse to facilitate it and may be required to terminate the agency relationship.
Q7. In New Hampshire, written buyer agency agreements are:
Explanation
While New Hampshire does not always mandate written buyer agency agreements, they are strongly encouraged to clearly define the duties, compensation, and duration of the buyer-agent relationship.
Q8. An agent who represents neither the buyer nor the seller but assists both parties in completing a transaction is called a:
Explanation
A facilitator (transaction broker) assists both parties in a real estate transaction without representing either one as a fiduciary. They owe duties of honesty and disclosure but not full fiduciary loyalty.
Q9. Which of the following best describes 'informed consent' in the context of New Hampshire dual agency?
Explanation
Dual agency in New Hampshire requires fully informed written consent from both the buyer and the seller. Both parties must understand what dual agency means and voluntarily agree to it.
Q10. An agent's duty of 'accounting' requires the agent to:
Explanation
The duty of accounting requires an agent to keep careful records of all client funds and property entrusted to them, and to provide an accurate accounting when requested.
Q11. A seller's agent in New Hampshire must disclose to a prospective buyer:
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