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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.
Text to be added highlighted in green.
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.