SB164 (2025) Detail

(New Title) relative to homeowners and prohibiting certain types of listing agreements.


SB 164-FN - VERSION ADOPTED BY BOTH BODIES

 

x03/13/2025   0723s

5Jun2025... 2222h

2025 SESSION

25-0627

06/02

 

SENATE BILL 164-FN

 

AN ACT relative to homeowners and prohibiting certain types of listing agreements.

 

SPONSORS: Sen. Ricciardi, Dist 9; Sen. Pearl, Dist 17

 

COMMITTEE: Commerce

 

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AMENDED ANALYSIS

 

This bill prohibits certain contracts or agreements between a provider and an owner under which the owner agrees to list the owner's residential real estate for sale with the provider which requires a lien.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/13/2025   0723s

5Jun2025... 2222h 25-0627

06/02

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT relative to homeowners and prohibiting certain types of listing agreements.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Sections; Service Agreements in Residential Real Estate Transactions.  Amend RSA 356-A by inserting after section 16 the following new sections:

356-A:16-a  Unfair Agreements to List Residential Real Estate.

I.  Definitions.  In this section:

(a)  "Prohibited listing agreement" means a contract or agreement between a provider and an owner under which the owner agrees to list the owner's residential real estate for sale and that contains any of the terms or requirements set forth in paragraph II.

(b)  "Owner" means an owner of an interest in residential real estate.

(c)  "Provider" means a person or entity providing or offering to provide real estate brokerage services.

(d)  "Recording" means presenting a document to a register of deeds for official placement in the records of the registry of deeds.

(e)  "Residential real estate" means real estate consisting of not less than one nor more than 4 residential dwelling units.

II.  A provider shall not enter into, or offer to enter into, a prohibited listing agreement that purports to:

(a)  Bind any future owner not a party to the agreement;

(b)  Allow for the assignment by the provider of a real estate brokerage service to a third party without notice to or consent of the owner;

(c)  Create a lien, encumbrance or other real property security interest; or

(d)  Obligate the owner to pay a fee or commission to the provider upon a sale or transfer of the residential real estate when the sale or transfer is not the result of a real estate brokerage service provided by the provider.

III.  A violation of this section constitutes an unfair or deceptive act or practice under RSA 358-A.

IV.  A prohibited listing agreement in violation of this section is unenforceable.  A person may not record or cause to be recorded a prohibited listing agreement in violation of this section.  A prohibited listing agreement recorded in this state in violation of this section does not provide actual or constructive notice against an otherwise bona fide purchaser or creditor.  If a prohibited listing agreement is recorded in violation of this section, a party with an interest in the residential real estate that is the subject of that prohibited listing agreement may apply to the superior court in the county where the recording occurred for an order declaring the prohibited listing agreement void and of no effect.

V.  Nothing in this section affects a lien on residential real estate established under RSA 447:2.

356-A:16-b  Rights of Recovery.  If a prohibited listing agreement is recorded in violation of RSA 356-A:16-a, a party with an interest in the residential real estate that is the subject of the prohibited listing agreement may recover actual damages, costs, and attorney's fees as may be proven against the party who recorded the prohibited listing agreement.

2  Effective Date.  This act shall take effect January 1, 2026.

 

LBA

25-0627

3/14/25

 

SB 164-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2025-0723s)

 

AN ACT relative to homeowners and prohibiting certain types of service agreements.

 

FISCAL IMPACT:  

 

 

Estimated State Impact

 

FY 2025

FY 2026

FY 2027

FY 2028

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures*

Indeterminable

Funding Source

General Fund

Appropriations*

$0

$0

$0

$0

Funding Source

None

*Expenditure = Cost of bill            *Appropriation = Authorized funding to cover cost of bill

 

Estimated Political Subdivision Impact

 

FY 2025

FY 2026

FY 2027

FY 2028

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

 

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association

 

Amendments

Date Amendment
March 4, 2025 2025-0723s
May 28, 2025 2025-2222h

Links


Date Body Type
Feb. 11, 2025 Senate Hearing
Senate Floor Vote
March 13, 2025 Senate Floor Vote
April 22, 2025 House Hearing
May 27, 2025 House Exec Session
May 27, 2025 House Floor Vote

Bill Text Revisions

SB164 Revision: 48661 Date: June 12, 2025, 2:20 p.m.
SB164 Revision: 48499 Date: June 5, 2025, 11:11 a.m.
SB164 Revision: 48375 Date: May 28, 2025, 2:43 p.m.
SB164 Revision: 47446 Date: March 17, 2025, 9:11 a.m.
SB164 Revision: 47167 Date: March 4, 2025, 2:43 p.m.
SB164 Revision: 46794 Date: Jan. 23, 2025, 3:54 p.m.

Docket


June 12, 2025: Sen. Innis Moved to Concur with the House Amendment, MA, VV; 06/12/2025; SJ 16


June 5, 2025: Ought to Pass with Amendment 2025-2222h: MA VV 06/05/2025 HJ 16


June 5, 2025: Amendment # 2025-2222h (NT): AA VV 06/05/2025 HJ 16


May 28, 2025: Committee Report: Ought to Pass with Amendment # 2025-2222h (NT) 05/27/2025 (Vote 16-0; CC) HC 27 P. 7


May 21, 2025: Executive Session: 05/27/2025 01:15 pm LOB 302-304


May 20, 2025: ==CANCELLED== Subcommittee Work Session: 05/21/2025 10:45 am LOB 302-304


May 14, 2025: Subcommittee Work Session: 05/20/2025 10:45 am LOB 302-304


May 7, 2025: Subcommittee Work Session: 05/14/2025 10:45 am LOB 302-304


April 30, 2025: Subcommittee Work Session: 05/06/2025 10:00 am LOB 302-304


April 16, 2025: Public Hearing: 04/22/2025 02:15 pm LOB 302-304


April 1, 2025: Vacated and Referred to Commerce and Consumer Affairs (Rep. Alexander Jr.): MA VV (in recess of) 03/27/2025 HJ 11 P. 114


March 28, 2025: Introduced (in recess of) 03/27/2025 and referred to Housing HJ 11 P. 112


March 13, 2025: Ought to Pass with Amendment #2025-0723s, MA, VV; OT3rdg; 03/13/2025; SJ 7


March 13, 2025: Committee Amendment # 2025-0723s, AA, VV; 03/13/2025; SJ 7


March 7, 2025: Committee Report: Ought to Pass with Amendment # 2025-0723s, 03/13/2025, Vote 4-2; SC 12


March 5, 2025: Committee Report: Ought to Pass with Amendment # 2025-0723s, Vote 4-2 SC 12


Feb. 4, 2025: Hearing: 02/11/2025, Room 100, SH, 10:30 am; SC 9


Jan. 23, 2025: Introduced 01/09/2025 and Referred to Commerce; SJ 3