1. (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.

2. (b) The listing contract in (a) above shall contain the following provisions:

   1. (1) The date of execution;
   2. (2) The address, location, description, and asking price of the real estate to sell, exchange, purchase or lease;
   3. (3) The names and addresses of all parties to the contract;
   4. (4) The professional fee stated as a dollar amount, percentage or other specific consideration; and
   5. (5) The date the contract expires.
3. (c) Consent to designated agency shall be obtained within the listing agreement, pursuant to RSA 331-A:25-e, II.
4. (d) Consent to dual agency showings may be obtained within the listing agreement by a separate dated signature of the seller or landlord.
5. (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.
6. (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.
7. (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.

8. (h) The buyer agency/tenant representation contract in (g) above shall contain the following provisions:

   1. (1) The date of execution;
   2. (2) General description, location, and price range of real estate sought;
   3. (3) The names and addresses of all parties to the contract;
   4. (4) The professional fee stated as a dollar amount, percentage, or other specific consideration; and
   5. (5) The date the contract expires.
9. (i) Consent to designated agency shall be obtained within the buyer agency/tenant representation contract, pursuant to RSA 331-A:25-e, II.
10. (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.
11. (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.
12. (l) A licensee may act as a disclosed dual agent only with the written informed consent of all parties.

13. (m) The disclosed dual agency informed consent agreement signed by all parties shall contain the following provisions:

    1. (1) The date of execution;
    2. (2) The date of the listing contract and date of the buyer agency/tenant representation contract;
    3. (3) The names and addresses of all parties to the agreement and the real estate agency;
    4. (4) A clear statement of the disclosed dual agent’s duties pursuant to RSA 331-A:25-d;
    5. (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. (6) The date the disclosed dual agency informed consent agreement expires.
14. (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).

Source. #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, EXPIRED: 1-1-17 New. #12110, INTERIM, eff 2-22-17, EXPIRES: 8-21-17; ss by #12213, eff 6-18-17