What is AGENCY?
AGENCY is the word used to describe that special relationship between a real estate licensee and the person he or she represents. The New Hampshire Real Estate Commission, by regulation, RSA 331-A, and Massachusetts, by regulation, CMR 254 Rules and Regulations 3.00: Professional Standards of Practice, requires licensees to supply prospective parties to a sale with an Agency Disclosure Form, which reveals who the agent is representing, and other consumer protection information.  This form is only a disclosure of agency, not an agency agreement or contract.  It is used solely for the protection of buyers and sellers.

A real estate broker or salesperson must tell you who he or she represents in a prospective transaction. This disclosure of the relationship the agent has with you must be made in writing at the time of your first personal meeting to discuss a specific property.

• Sellers Agent
  If you engage the services of a listing agent to sell your property, you become the agent's client. That agent represents you, the seller, and owes you undivided loyalty, confidentiality and accountability. In negotiating for the best price and terms, he/she must put your interests first.
• Sub-Agent
  An agent can work for the seller even though he/she is not the listing agent. This agency relationship is not widely practiced in the state of New Hampshire, nor does Original Township Properties practice this agency relationship.
• Buyers Agent
  You may engage the services of an agent to represent you exclusively as a buyer of real property. In this case, the agent represents you and is accountable to you, the buyer. The buyer's representative works for, and owes fiduciary responsibilities to, the real estate buyer and has buyer's best interests in mind throughout the entire real estate process.
• Disclosed Dual Agent
  Each agent can work for both the buyer and the seller on the same property provided the broker gets the consent of both parties and provides each with written notice of the relationship. In this case, the agent is considered a "disclosed dual agent". This agent owes both the seller and the buyer a duty to deal with them fairly and honestly. In this type of agency relationship, the agent does not represent either the seller or the buyer exclusively, and neither party can expect the agent's undivided loyalty. Undisclosed dual agency by a broker is illegal.
• Other Agency
  When a real estate agent works as a facilitator or a non-agent that agent assists the seller and buyer in reaching an agreement but does not represent either the seller or buyer in the transaction.

For a copy of the New Hampshire form from the NH Real Estate Commission please click here then select   New Hampshire Consumer Information and Consumer Agency/Non-Agency Disclosure Forms

For a copy of the Massachusetts Board of Registration of Real Estate Brokers and Salespersons pamphlet for consumers that explains the relationship between consumers and real estate brokers.  Massachusetts Agency Disclosure: A consumer guide to real estate representation.