2020 New Hampshire Revised Statutes
Title XXX - Occupations and Professions
Title 331-A - New Hampshire Real Estate Practice Act
Section 331-A:25-f - Facilitator; Duties.

    331-A:25-f Facilitator; Duties. –
I. A licensee acts as a facilitator when that licensee assists but does not represent either party in a transaction.
II. A facilitator shall disclose to a prospective buyer or tenant any material physical, regulatory, mechanical, or on-site environmental condition affecting the subject property of which the facilitator has actual knowledge. Such disclosure shall occur any time prior to the time the buyer or tenant makes a written offer to purchase or lease the subject property. This paragraph shall not create an affirmative obligation on the part of the facilitator to investigate material defects.
III. Unless otherwise agreed, the licensee acting as a facilitator shall have no duty to keep information received from the seller or landlord or the buyer or tenant confidential.
IV. The parties may or may not enter into a contractual relationship.
V. The duties of the facilitator apply only to the seller or landlord and the buyer or tenant in the particular property transaction involving the seller or landlord and the buyer or tenant.
VI. A facilitator shall treat all prospective sellers or landlords and buyers or tenants honestly.
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.
VIII. A facilitator shall present in a timely manner all offers and agreements to and from the parties during a real estate transaction.

Source. 2008, 12:4. 2012, 35:1. 2015, 87:2, eff. Aug. 4, 2015.

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