New Hampshire Contracts
Practice Questions & Answers (2026)
Contract law questions on the New Hampshire real estate exam test both general contract principles and New Hampshire-specific transaction requirements. The New Hampshire Real Estate Commission tests how New Hampshire contract law applies to purchase agreements, counteroffers, contingencies, and earnest money disputes. Pay close attention to offer and acceptance mechanics, how counteroffers extinguish prior offers, and the specific timelines under New Hampshire law for earnest money handling and contingency resolution. These are areas where candidates who studied nationally often apply the right concept but the wrong NH-specific timeframe or rule.
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New Hampshire Contracts — Practice Questions & Answers
134 questions on Contracts from the New Hampshire real estate question bank. First 10 are free — sign up to unlock all 134.
Q1. New Hampshire uses a 'Purchase and Sale Agreement' as the primary real estate contract. For it to be valid, consideration must be:
Explanation
Consideration is anything of value (money, services, a promise to act or refrain from acting) exchanged between parties. In a real estate purchase, the consideration is the purchase price and the seller's obligation to convey title.
Q2. In New Hampshire, an offer to purchase becomes a binding contract when:
Explanation
A binding contract requires both offer and acceptance. In New Hampshire, the contract is formed when the seller signs (or signs a counteroffer that is then accepted) and notice of acceptance is communicated to the offeror.
Q3. The New Hampshire Property Condition Disclosure statement must be provided to:
Explanation
New Hampshire law requires sellers of residential property to provide buyers with a Property Condition Disclosure statement before the buyer enters into a purchase and sale agreement.
Q4. A buyer in New Hampshire inserts a home inspection contingency into the purchase agreement. This allows the buyer to:
Explanation
A home inspection contingency gives the buyer the right to cancel or renegotiate based on the inspection results. The specific remedies depend on the contract language.
Q5. Which of the following would make a real estate contract voidable in New Hampshire?
Explanation
A contract signed by a minor is voidable (not void) — the minor may disaffirm the contract upon reaching majority, but the other party cannot disaffirm based solely on the other's minority.
Q6. What is the purpose of an 'earnest money' deposit in a New Hampshire purchase and sale agreement?
Explanation
Earnest money is a good-faith deposit that demonstrates the buyer's serious intent to purchase. It is held in escrow and typically applied to the buyer's down payment or closing costs at closing.
Q7. Under the statute of frauds in New Hampshire, real estate contracts must be:
Explanation
The statute of frauds requires real estate contracts to be in writing and signed by the party against whom enforcement is sought. Oral real estate contracts are generally unenforceable.
Q8. A counteroffer in a real estate transaction legally:
Explanation
A counteroffer constitutes a rejection of the original offer and simultaneously creates a new offer. The original offeror becomes the offeree and is free to accept, reject, or counter again.
Q9. In a New Hampshire real estate listing agreement, the 'protection period' clause protects the broker by:
Explanation
A protection (carryover or safety) clause entitles the listing broker to a commission for a specified period after the listing expires if the property is sold to a buyer who was introduced or shown the property during the listing term.
Q10. Which of the following is an example of an executory contract?
Explanation
An executory contract is one in which obligations remain to be performed by one or both parties. A signed purchase agreement where closing has not yet taken place is executory — the buyer must pay, the seller must convey.
Q11. A New Hampshire buyer includes a financing contingency in their offer. If the buyer cannot secure financing, the contingency allows them to:
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