What Is a Dual Agency Disclosure in New Hampshire Real Estate?

🏡 What Is a Dual Agency Disclosure in New Hampshire Real Estate?

Dual agency comes up more often than many New Hampshire buyers and sellers realize — especially in tight markets like Plymouth, Campton, Thornton, Rumney, Ashland, and surrounding Central NH towns.

A Dual Agency Disclosure is a required written notice that explains what happens when one real estate agent (or their brokerage) represents both the buyer and the seller in the same transaction.

Because the agent cannot fully advocate for one side over the other, New Hampshire law requires informed written consent from both parties before dual agency can occur.

Here’s what NH buyers and sellers need to understand.

⭐ What Is Dual Agency?

Dual agency means:

✔ One agent or brokerage represents both sides

✔ The agent must stay neutral

✔ The agent cannot negotiate aggressively for either side

✔ Confidential information must be protected

It does not mean the agent is doing anything wrong — it simply changes their legal duties and limits how much they can advocate.

⭐ Why Does Dual Agency Happen in NH?

Dual agency is common in NH due to:

• Small-town markets

• Limited inventory

• Popular agents who attract both buyers and sellers

• Buyers contacting the listing agent directly

• Rural areas where fewer agents cover large regions

Because of these factors, the same agent often becomes a natural point of contact for both parties.

⭐ Pros of Dual Agency

✔ Faster communication

✔ Smoother coordination

✔ One main point of contact

✔ The transaction can move more quickly

This can be especially helpful in time-sensitive transactions in competitive NH markets.

⭐ Cons of Dual Agency

✔ You lose full, exclusive representation

✔ The agent cannot negotiate as hard for either side

✔ Limited ability to give strategic advice

✔ Higher risk of misunderstandings if expectations aren’t clear

Buyers and sellers who want aggressive negotiation often avoid dual agency.

⭐ What NH Buyers and Sellers Must Review Before Agreeing

Before signing a Dual Agency Disclosure, make sure you confirm:

✔

You understand the agent cannot favor one side

They must stay neutral throughout the entire transaction.

✔

2. Confidential info stays confidential

Neither party’s motivations, financing, or weaknesses can be shared.

✔

3. Negotiation limitations

The agent cannot push solely for your best interest.

✔

4. No pressure to sign

Agreeing to dual agency must be voluntary.

✔

5. You know your alternatives

You may choose designated agency or hire your own agent.

✔

6. The disclosure is written and signed

Verbal consent is not legally valid in NH.

⭐ Dual Agency vs. Designated Agency — Not the Same

These often get confused:

Dual Agency

➡ One agent works with both parties

➡ Agent must remain neutral

➡ Limited advocacy

Designated Agency

➡ Two agents from the same brokerage

➡ Each represents one side exclusively

➡ Full advocacy allowed

Most larger NH brokerages prefer designated agency to avoid conflicts.

⭐ Can You Refuse Dual Agency?

Yes — absolutely.

You can choose:

✔ Your own buyer’s agent

✔ A designated agent within the same brokerage

✔ To work only with exclusive representation

Dual agency cannot be forced or implied.

⭐ Bottom Line

Dual agency is legal and common in Central NH, but you must fully understand how it limits advocacy before agreeing. A properly explained dual agency disclosure ensures:

✔ Transparency

✔ No conflicts of interest

✔ Clear expectations

✔ A smoother transaction

Always review the disclosure carefully and ask your agent or attorney if you’re unsure about anything.

⭐ Keywords

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Jim Johnson — Real Estate Agent

58 NH Route 25A

Wentworth, NH 03282

P: (857) 249-7392

W: www.JimJohnsonRealEstateAgent.com

Licensed New Hampshire REALTOR® with Three Hills Real Estate Services

Broker Email: info@ThreeHillsRES.com

Broker Website: www.ThreeHillsRES.com