New Hampshire Agency Disclosure form
January 1, 2009 by Monika McGillicuddy
Filed under Agency Q&A
As most New Hampshire agents know, there a have some changes to our Agency options with the adoption of Designated Agency and Facilitator.
All these changes become effective Jan 1 2009 and while no one has to adopt the changes right away they do need to use the new disclosure form immediately!
The new required Agency Disclosure form is now called Brokerage Relationship Disclosure and it is required to be used as of today January 1 2009.
The new form is 2 pages and it is the only Brokerage Disclosure form allowed to be used and approved by the NH REC.
It is posted on the NH Real Estate Commission website and on NHAR’s website.
If you’re showing homes and meeting the buyers for the 1st time make sure you are using this new form…Brokerage Relationship form.
Happy Selling in 2009!
NH House Bill 1384 signed by the Govenor…
May 8, 2008 by Monika McGillicuddy
Filed under Agency Q&A
Good news! Governor John Lynch signed the Designated Agency Bill on May 6th. Effective date is Jan 1 2009. You can read the final version of the bill here http://www.gencourt.state.nh.us/legislation/2008/HB1384.html
Designated Agency Bill a success!!!
March 27, 2008 by Monika McGillicuddy
Filed under Agency Q&A, Agent tips
| The New Hampshire Association of REALTORS just sent out this message from President Jim Lyons.Designated Agency bill a success!
Good afternoon, For those who have not yet heard, House Bill 1384, the Designated Agency bill, passed the full Senate this morning (March 27), leaving the Governor’s signature as the only remaining step before it becomes law, with an effective date of Jan. 1, 2009. The purpose of this message is to thank 2007 President Bonnie Guevin for having the foresight and courage to establish the 2007 Agency Task Force; and, to thank and congratulate the Agency Task Force members, under the leadership of Chair Kathy Roosa, for their efforts in providing the New Hampshire Association of REALTORS® the roadmap that led to the bill’s successful passage by the House and Senate. It is sometimes no small feat to achieve victory within the New Hampshire legislative process. I am well aware of the political minefield awaiting any bill introduced; however, I am very pleased and proud that we were able to collectively represent the best interests of consumers and our members before the Legislature in a manner that proved to be credible. Thank you to our Public Policy Committee, with the guidance of Chair Jeff Keeler and Government Affairs Director Chris Nicolopoulos, for leading that effort at the State House. With the Governor’s signature on HB 1384, we can begin the next steps to educate REALTORS® across New Hampshire on this important and beneficial enhancement to the Real Estate Practice Act. Thank you all for your superb efforts! Sincerely,
Jim Lyons, REALTOR® |
Caution…Can’t be a Designated Agent yet
October 17, 2007 by Monika McGillicuddy
Filed under Agency Q&A, General training classes
But we’re getting closer…
Today with a standing room only crowd the New Hampshire Association of REALTORS board of directors voted to pass the recommended proposed Designated Agency legislation with some added language presented by the Exclusive Buyer agents. The language added appears in Italics below.
XII. Dual agency does not occur in firms that represent buyers only who have appointed designated buyers’ agents, or firms that represent sellers only who have appointed designated sellers’ agents within the firm.
It passed with hardly a whimper as a jammed room of state directors and visitors alike listened to a brief presentation and then cast a vote.
They cast a vote for all of us today and most importantly for the public. The consumer will finally, if this passes through legislation, get the representation they deserve!
How sweet it will be!
Caution…You Can Not act as a Designated Agent yet….If and I do mean If we get through the legislation process we’re looking at maybe 2009 before it becomes law! So Please don’t think you can do it now!
I’ll keep you updated as we go along. Feel free to post a comment or a question and I’ll do my best to get you the answer.
Read more here …What is Designated Agency?
Draft Copy of Proposed Designated Agency Legislation. Without the new language to XII added.
Designated Agency and Facilitation in NH
Till later
What is Designated Agency?
October 10, 2007 by Monika McGillicuddy
Filed under Agency Q&A
On Wednesday Oct 17, the board of Directors of the New Hampshire Association of REALTORS will meet to vote on recommended proposed legislation which would allow NH REALTORS to act as Designated Agents or Facilitators.
Read my previous post for complete details Designated Agency and facilitation in NH.
Read also a draft copy of the legislation here draft-agency-legislation-9-12-07.pdf
NHAR’s Legal committee chair Mary Beth Rudolph describes what the NH version of Designated Agency would actually look like in the field.
Designated agency and facilitation in New Hampshire??
October 7, 2007 by Monika McGillicuddy
Filed under Agency Q&A
On Wednesday, October 17th a special Board of Directors meeting will be held at The New Hampshire Association of REALTORS in Concord. The sole purpose of this meeting will be to have a motion to approve the proactive legislation “Relative to Changes to the Real Estate Practice Act”. This is the legislation that, if approved, would enable the practice of designated agency and facilitation in New Hampshire.
FAQ on the NEW Agency / Non-Agency Disclosure Form
October 4, 2007 by Monika McGillicuddy
Filed under Agency Q&A
Attention NH Real Estate Agents…Important Information!
FAQ on the NEW Agency / Non-Agency Disclosure Form
As many of you know, recently the New Hampshire Real Estate Commission made changes to their Rules and Regulations. These rules went into affect on May 1 2007.
Are you using the new form? Do you understand how to use the new form?
They updated the 1. Listing agreements, you click here to see the changes>>>Listing agreement changes
2. Buyer Agency agreements>>>Buyer Agency Contract
3. Dual Agency Consent agreement>>>Dual Agency
The changes are an attempt to bring the Rules in line with the Law and the way we practice Agency in New Hampshire.
The commission also required that we ALL use only ONE agency disclosure form. One that the commission created and has approved.
New Hampshire *Updated* Buyer Agency Agreement
April 4, 2007 by Monika McGillicuddy
Filed under Agency Q&A
*Updated* Buyer Agency AgreementThe New Hampshire Association of REALTORS has updated their Buyer Agency agreement to reflect the recent New Hampshire real estate commission rule changes on Dual Agency. I covered these changes in my blog post Dual Agency Alive and well in NH if you need an update on the changes.
This link to the sample new form Exclusive Buyer Agency Agreement is in PDF format and the changes are highlighted for easy reading.
The important thing to remember is that the section (7) on Disclosed Dual Agency form was expanded and an opt in or out was added for buyer to consent or deny consent for dual agency showings with a separate dated signature line or a box for agency to check if they do not practice dual agency as required per rule changes [404.04(c), 701.01(f)(2)].
Also added to section 8 was a statement to reflect the changes to the Code of Ethics Standard of Practice 1-13 reflecting the sellers ability to potentially disclose terms of an offer to competing buyers.
www.monikamcgillicuddytrainer.com
New Hampshire *Updated* Exclusive Agency and Exclusive Listing Agreement
April 4, 2007 by Monika McGillicuddy
Filed under Agency Q&A
*Updated* Exclusive Agency and Exclusive Listing Agreement
The New Hampshire Association of REALTORS has updated their Exclusive Agency and Listing Agreement this link brings you to PDF sample form with changes highlighted for easy reading.
The important changes are to the Dual Agency section.
The Disclosed Dual Agency section was removed from cooperation section #3 and given its own section #4.
This section 4 includes information about disclosed dual agency and an opt in or out for the seller to consent or deny consent for dual agency showings with a separate dated signature line or a box for agency to check if they do not practice dual agency [404.04(c), 701.01(f)(2)]. The changes closely reflect the changes to the Buyer Agency agreement I posted.
www.monikamcgillicuddytrainer.com
*Updated* Exclusive Agency and Exclusive Listing Agreement
The New Hampshire Association of REALTORS has updated their Exclusive Agency and Listing Agreement this link brings you to PDF sample form with changes highlighted for easy reading.
The important changes are to the Dual Agency section.
The Disclosed Dual Agency section was removed from cooperation section #3 and given its own section #4.
This section 4 includes information about disclosed dual agency and an opt in or out for the seller to consent or deny consent for dual agency showings with a separate dated signature line or a box for agency to check if they do not practice dual agency [404.04(c), 701.01(f)(2)]. The changes closely reflect the changes to the Buyer Agency agreement I posted.
www.monikamcgillicuddytrainer.com
New Hampshire *Updated* Dual Agency Consent Agreement
April 4, 2007 by Monika McGillicuddy
Filed under Agency Q&A
*Updated* Dual Agency Consent Agreement.The New Hampshire Association has made some crucial changes to their Dual Agency Consent Agreement to reflect the required Rule changes that the New Hampshire Real Estate made.
Rule change go into effect on May, 1 2007. Changes to the consent agreement are linked to a PDF form with changes highlighted courtesy of NHAR.
Dual Agency Informed Consent Agreement
Changes Include:
Addresses of parties and Agency added [per 404.04(k)(3)].
New section 4 listing disclosed dual agent’s duties [per 404.04(k)(4) - excerpted from RSA 331-A:25-d II]
Expiration date of dual agency informed consent agreement added [404.04(k)(6)] and a statement that it shall not be extended beyond the term of the buyer agency or listing agreement [404.04(k)(5)].
All forms will soon be available on True Forms.
www.monikamcgillicuddytrainer.com
Not only NH Real Estate Training but customized training programs available your location or mine.
ABR* Agency* Ethics* New Agent Skill Building* Professional Guidelines* Negotiations* Mediation