This bill introduces new regulations regarding listing agreements in residential real estate transactions, specifically prohibiting certain types of contracts between real estate providers and property owners. It 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 states that any such prohibited agreements are unenforceable and cannot be recorded, and if recorded, they do not provide notice to bona fide purchasers or creditors.
Additionally, the bill establishes the right for parties with an interest in the residential real estate to seek recovery of damages, costs, and attorney's fees if a prohibited listing agreement is recorded. The new sections added to RSA 356-A include provisions that classify violations of these regulations as unfair or deceptive practices under existing law. The act is set to take effect on January 1, 2026.