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Bill

SB 164

relative to homeowners and prohibiting certain types of listing agreements.

2025 Regular Session Introduced by Howard Pearl and 1 co-sponsor

New Hampshire prohibits certain real estate listing agreement types to restrict homeowner contractual options with agents, effective January 1, 2026.

Signed by the Governor on 07/15/2025; Chapter 0242; Effective 01/01/2026
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Bill Summary · SB 164

Legislative bill overview

SB 164 prohibits certain types of real estate listing agreements in New Hampshire, effective January 1, 2026. The bill restricts homeowners' contractual options with real estate agents regarding how their properties can be marketed and sold. Specific restrictions target exclusive listing arrangements that may limit homeowner flexibility or market access.

Why is this important

Real estate listing agreements directly affect how homes are sold and what options homeowners have when working with agents. These restrictions could impact the real estate market by changing agent compensation models, listing practices, or competitive dynamics in New Hampshire's housing sector. The January 2026 effective date gives industry stakeholders time to adjust their business practices.

Potential points of contention

  • Agent compensation impact: Prohibiting certain listing types may reduce agent incentives or create uncertainty about commission structures and how agents are paid
  • Market access concerns: Restrictions could limit homeowner options by preventing them from choosing listing arrangements they might prefer for their specific situation
  • Real estate industry compliance: Agents and brokerages will need to restructure agreements, potentially creating operational and legal compliance costs
  • Effectiveness questions: Unclear whether prohibitions achieve intended consumer protection goals or simply shift practices without substantive benefit

Compiled from official sources — confirm details with the bill’s official record.

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