New Hampshire's Facilitator Relationship and Mandated Disclosures: What the Exam Actually Tests

Regulation of Agency Conduct and Regulation of Licensee Conduct together make up 22 of 40 state questions — more than half the state exam. Two concepts inside these categories are genuinely distinct to New Hampshire.

The Facilitator relationship

Most states recognize seller agency, buyer agency, dual agency, and sometimes designated agency. New Hampshire adds a fifth, distinct category: the Facilitator — a licensee who assists a party in a real estate transaction without acting as their fiduciary agent. A Facilitator doesn't represent either party's interests the way an agent does, but still owes basic honesty and fair dealing.

Mandated Disclosures

New Hampshire's Regulation of Licensee Conduct category includes specific, named disclosure rules:

• Private water supply — required disclosure about a property's water source, critical in a state where many properties rely on private wells rather than municipal water
• Insulation — disclosure requirements related to a home's insulation
• Sewage disposal system — required disclosure about septic or other private sewage systems, again reflecting how much of New Hampshire's housing stock is outside municipal sewer service

Sample exam questions

Q: A New Hampshire licensee assists a buyer in a transaction but does not represent the buyer as a fiduciary agent. What relationship category does this describe?

A: Facilitator — a non-agency relationship distinct from buyer agency.

Q: A New Hampshire property relies on a private well rather than municipal water. What must the licensee ensure is disclosed?

A: The private water supply disclosure required under Adm. Rule Rea 701.03.

Q: A rural New Hampshire property uses a septic system rather than municipal sewer service. What disclosure obligation applies?

A: The sewage disposal system disclosure required under Adm. Rule Rea 701.05.

Why this matters for your career

Private wells and septic systems are genuinely common in New Hampshire, especially outside its cities, and undisclosed problems with either are a real source of post-closing disputes. The exam weights these disclosure categories heavily because they reflect actual, recurring issues in New Hampshire real estate practice.