Short answer
It depends on the relationship you agree to, and New Hampshire makes agents tell you in writing. At your first business meeting, a licensee must give you the state's Brokerage Relationship Disclosure Form. A buyer agent represents you and must keep your information confidential. A seller agent represents the seller. A facilitator helps both sides but represents neither. Dual agency needs everyone's written consent before an offer is written.
What is the disclosure form?
Under the Real Estate Commission's rule Rea 701.01, a licensee must give you a written brokerage relationship disclosure at your first business meeting, using the commission's form. If you choose not to sign it, the licensee notes that on a copy. When an agent shows you a home listed with another agency, they must disclose their relationship to the other agent and in writing on the offer.
What are the choices?
| Relationship | Who they represent |
|---|---|
| Buyer agent (RSA 331-A:25-c) | You, under a written buyer agency agreement |
| Seller agent (RSA 331-A:25-b) | The seller |
| Disclosed dual agent (RSA 331-A:25-d) | Both buyer and seller, with written consent from all parties |
| Designated agent (RSA 331-A:25-e) | One side, appointed by the firm, while another agent at the same firm represents the other side |
| Facilitator (RSA 331-A:25-f) | Neither side; helps with the transaction |
What does a buyer agent owe me?
Under RSA 331-A:25-c, a buyer agent must:
- Follow your written agreement and look for homes at a price and terms you accept.
- Present all offers to and from you promptly.
- Account for any money or property they handle for you.
- Keep your confidential information private, even after the relationship ends, unless you agree in writing or the law requires otherwise.
- Tell you, before you make a written offer, about material physical, regulatory, mechanical or on-site environmental problems they actually know about, and explain the property condition disclosure laws.
A buyer agent can show the same home to other buyers. They don't have to inspect for defects, which is one reason a home inspection matters.
How is a facilitator different?
A facilitator must be honest with everyone, present offers promptly and disclose material problems they actually know about, but unless you agree otherwise, they have no duty to keep your information confidential. Think about what you share, like the most you'd pay.
Who holds my earnest money?
Under RSA 331-A:13, a broker must keep deposits in an escrow account at an insured New Hampshire financial institution, separate from the broker's own accounts. The deposit stays there until closing, a written agreement by all parties, or a court order, though it can be sent ahead to the closing agent. See financing contingencies and earnest money.
How is the buyer agent paid?
Your written agreement should say. See buyer agent pay and your mortgage. Your loan officer is separate from your real estate agent and handles the financing.
Sources
- N.H. Admin. Code Rea 701.01, Brokerage Relationship Disclosure
- NH RSA 331-A:25-a, Scope of agency
- NH RSA 331-A:25-c, Buyer agent duties
- NH RSA 331-A:25-d, Disclosed dual agent duties
- NH RSA 331-A:25-e, Designated agent
- NH RSA 331-A:25-f, Facilitator duties
- NH RSA 331-A:13, Broker escrow accounts
Checked November 2, 2026. Rules and dates change, so confirm current details before you rely on them.
General information only, not tax or legal advice. Program availability, eligibility and terms vary by lender and are subject to change and to underwriting approval. Not a commitment to lend.