CHAPTER 35
HB 1370 – FINAL VERSION
2012 SESSION
05/10
HOUSE BILL 1370
AN ACT making technical changes to the New Hampshire real estate practice act.
SPONSORS: Rep. Baroody, Hills 13; Rep. Chandler, Carr 1
COMMITTEE: Commerce and Consumer Affairs
This bill:
I. Clarifies that the performance of ministerial acts by a facilitator does not form an agency relationship with the buyer or tenant in a real estate transaction.
II. Requires a licensee to disclose his or her ownership interest in the property to a potential buyer or lessee.
The bill is a request of the New Hampshire real estate commission.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2289
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT making technical changes to the New Hampshire real estate practice act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
35:1 New Hampshire Real Estate Practice Act; Ministerial Acts Performed by Facilitator. Amend RSA 331-A:25-f, VII to read as follows:
VII. The performance of ministerial acts for the seller or landlord or the buyer or tenant shall not be construed as forming an agency relationship with the seller or landlord or the buyer or tenant.
35:2 Prohibited Conduct; Failure to Disclose. Amend RSA 331-A:26, XXII to read as follows:
XXII. (a) Failing to disclose:
(1) In writing to an owner, the licensee’s intention or true position if the licensee directly, or indirectly through a third party, purchases or leases for such licensee, or acquires or intends to acquire any interest in or any option to purchase or lease the property.
(2) In writing to a potential buyer or lessee, a licensee’s ownership interest, direct or indirect, in property offered for sale or lease by the licensee.
(b) Such [disclosure] disclosures shall be made prior to an offer to purchase, sell, or lease, and acknowledged in writing by all parties to the transaction.
35:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 2, 2012
Effective Date: July 1, 2012