This bill introduces new regulations regarding listing agreements in residential real estate transactions, specifically prohibiting certain unfair agreements between providers (real estate brokers) and owners of residential properties. The bill defines a "prohibited listing agreement" as any contract that includes terms such as binding future owners not party to the agreement, allowing assignment of brokerage services without owner consent, creating liens or encumbrances, or obligating owners to pay fees for sales not resulting from the provider's services. The bill also establishes that any such prohibited agreements are unenforceable and cannot be recorded, ensuring they do not affect bona fide purchasers or creditors.

Additionally, the bill allows parties with an interest in the residential real estate to seek recovery of actual damages, costs, and attorney's fees if a prohibited listing agreement is recorded. The new sections added to RSA 356-A include provisions that clarify the definitions of key terms and outline the rights of recovery for affected parties. The act is set to take effect on January 1, 2026.