Published July 31, 2026

Buyer Broker Agreement in NH: What Buyers Sign (2026)

Written by Aaron Phinney

Hand signing a real estate document at a desk with a pen, spiral notebooks and paperwork — reviewing a New Hampshire buyer broker agreement

Quick answer: A buyer broker agreement is a written contract between you and your real estate agent that spells out what the agent will do for you and exactly how they get paid. Since August 2024, New Hampshire buyers must sign one before an agent tours a home with them. The terms are negotiable, and the agreement can be short.

If you are starting your home search in southern New Hampshire, one of the first documents an agent will hand you is a buyer agency agreement. It caught a lot of buyers off guard when the rules changed, so here is a plain-English breakdown of what it is, why you sign it, and how to make sure the terms actually work in your favor.

What is a buyer broker agreement?

A buyer agency agreement — also called a buyer representation agreement — is a written contract that creates a formal working relationship between you and a real estate agent. It defines the services the agent provides, the time period and geographic area it covers, and the compensation the agent will earn for helping you buy a home. In New Hampshire, agents typically use forms provided through the New Hampshire Association of Realtors.

Why do I have to sign a buyer broker agreement before touring homes in New Hampshire?

This is the change that surprised buyers most. As part of the 2024 National Association of Realtors settlement, a written agreement is now required before an agent working with a buyer can tour a home — whether that showing is in person or a live virtual walk-through. The requirement does not apply if you are simply chatting with an agent at an open house or asking about their services. Once you want a private showing, though, a signed agreement comes first. You can read the official rules on the NAR settlement FAQ page.

What does the agreement actually include?

The most important line is compensation. The agreement must clearly and conspicuously disclose how much your agent will be paid, and that figure has to be objective — a flat fee, a set percentage, an hourly rate, or even zero. It cannot be left open-ended. Beyond pay, a typical agreement spells out the term length, the towns or property types it covers, whether it is exclusive, and the duties each side agrees to. One exclusive agreement can cover every home you look at during a set window, while a narrower showing agreement may name a single property.

Who pays the buyer's agent now?

Compensation is fully negotiable and is no longer advertised inside the MLS. In practice, a seller may still offer to cover the buyer agent's fee, you may negotiate that cost into the purchase as a seller concession, or you may agree to pay your agent directly. Because New Hampshire's market stayed firm this year — the statewide single-family median sat at $575,000 in June 2026, up about 1% from a year earlier, according to the New Hampshire Association of Realtors — buyers want every dollar working for them, and the buyer broker agreement is where those money terms get locked in before you fall in love with a house.

Can I negotiate or cancel the agreement?

Yes on both counts. Every term is negotiable: the length, the commission rate, the coverage area, and the exclusivity. If you are not ready to commit long-term, ask for a short initial term — even a single day or a single property — so you can work with an agent before signing anything broader. Most agreements also include a cancellation provision. Read it before you sign, and ask the agent to walk you through how to end the relationship if it is not a fit.

How The Phinney Team approaches it

We treat the agreement as a conversation, not a hurdle. Before you sign, we explain every line, keep the initial term flexible, and make sure the compensation section is written so you always know who is paying what. Our goal is simple: full transparency up front so there are zero surprises at the closing table. You can learn more about working with us on our buying page or in our New Hampshire home buyer guide.

Frequently asked questions

Is a buyer agency agreement legally required in New Hampshire?

A written agreement is required before an agent tours homes with you, under the 2024 NAR settlement practice changes now followed across New Hampshire. You are not required to hire any particular agent, and you can decline to sign and simply not use that agent for private showings.

How long does a buyer agency agreement last?

It lasts as long as you and the agent agree to in writing. Terms range from a single showing or a single day to several months. If you are unsure, negotiate a short term first and extend it only once you know the agent is the right fit.

Does signing mean I have to pay my agent out of pocket?

Not necessarily. Sellers frequently still offer to pay the buyer's agent, and buyers can negotiate that fee as a concession in the purchase agreement. The written agreement discloses the number so everyone knows the arrangement before an offer is written.

What is the difference between a buyer agency agreement and a listing agreement?

A buyer agency agreement is signed by a home buyer and defines how their buyer's agent is paid. A listing agreement is signed by a home seller and defines how the seller's agent is paid. They are two separate contracts on opposite sides of a transaction.

The bottom line

A buyer broker agreement is not a trap — it is a disclosure document that finally puts your agent's role and pay in writing before you tour a home. Read the compensation section closely, keep the first term short if you want flexibility, and make sure your agent explains it all. Handled right, it protects you. Have questions about buying in southern New Hampshire? Reach out to The Phinney Team and we will walk you through it. For the statewide rules, the New Hampshire Association of Realtors is a solid reference.