Section Rea 404.04 - Brokerage Contracts(a) No broker or salesperson shall act on behalf of a seller or lessor with regard to negotiating the sale, purchase, exchange or lease of any real estate or of the improvements thereon, collect rents, or attempt to collect rents without a written contract signed by all parties.(b) The listing contract in (a) above shall contain the following provisions:(1) The date of execution;(2) The address, location, description, and asking price of the real estate to sell, exchange, purchase or lease;(3) The names and addresses of all parties to the contract;(4) The professional fee stated as a dollar amount, percentage or other specific consideration; and(5) The date the contract expires.(c) Consent to designated agency shall be obtained within the listing agreement, pursuant to RSA 331-A:25-e, II.(d) Consent to dual agency showings may be obtained within the listing agreement by a separate dated signature of the seller or landlord.(e) Any provisions to extend the contract in (a) above for a specific period of time shall be agreed upon in writing by all parties to the contract.(f) Net listings shall be prohibited. "Net listing" means a listing wherein the commission to be received is the difference between the selling price and a minimum selling price acceptable to the seller.(g) No broker or salesperson shall act on behalf of a buyer or lessee with regard to the purchase, exchange or lease of any real estate or of the improvements thereon without a written contract signed by all parties.(h) The buyer agency/tenant representation contract in (g) above shall contain the following provisions: (1) The date of execution;(2) General description, location, and price range of real estate sought;(3) The names and addresses of all parties to the contract;(4) The professional fee stated as a dollar amount, percentage, or other specific consideration; and(5) The date the contract expires.(i) Consent to designated agency shall be obtained within the buyer agency/tenant representation contract, pursuant to RSA 331-A:25-e, II.(j) Consent to dual agency showings may be obtained within the buyer agency/tenant representation contract by a separate dated signature of the buyer/tenant.(k) Any provisions to extend the contract in (g) above for a specific period of time shall be agreed upon in writing by all parties to the contract.(l) A licensee may act as a disclosed dual agent only with the written informed consent of all parties.(m) The disclosed dual agency informed consent agreement signed by all parties shall contain the following provisions:(1) The date of execution;(2) The date of the listing contract and date of the buyer agency/tenant representation contract;(3) The names and addresses of all parties to the agreement and the real estate agency;(4) A clear statement of the disclosed dual agent's duties pursuant to RSA 331-A:25-d;(5) A statement that the disclosed dual agency informed consent agreement shall not be extended beyond the dated listing contract and the dated buyer agency/tenant representation contract without the necessary extensions, pursuant to Rea 404.04(e) and (k); and(6) The date the disclosed dual agency informed consent agreement expires.(n) If consent to dual agency showings is not obtained on the listing contract or buyer agency/tenant representation contract, then consent to dual agency may be obtained at a later date but only in accordance with Rea 404.04(l).N.H. Admin. Code § Rea 404.04
#2130, eff 8-30-82; ss by #2847, eff 9-19-84; ss by #4304, eff 8-21-87; ss by #4631, eff 6-20-89; ss and moved by #5574, eff 2-11-93 (from Rea 404.05) , EXPIRED: 2-11-99
New. #7163, INTERIM, eff 12-18-99, EXPIRED: 4-16-00
New. #7265, eff 5-6-00; ss by #8833, eff 5-1-07; ss by #9270, eff 1-1-09
Amended by Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12213, Effective 6/18/2017, Expires 6/18/2027.