What is AGENCY?
AGENCY is the word used to describe that special relationship between a real estate licensee and the person he or she represents. The New Hampshire Real Estate Commission, by regulation, RSA 331-A, and Massachusetts, by regulation, CMR 254 Rules and Regulations 3.00: Professional Standards of Practice, requires licensees to supply prospective parties to a sale with an Agency Disclosure Form, which reveals who the agent is representing, and other consumer protection information.  This form is only a disclosure of agency, not an agency agreement or contract.  It is used solely for the protection of buyers and sellers.

A real estate broker or salesperson must tell you who he or she represents in a prospective transaction. This disclosure of the relationship the agent has with you must be made in writing at the time of your first personal meeting to discuss a specific property. The Agency descriptions below are taken from The New Hampshire Real Estate Commission, by regulation, RSA 331-A.

• Sellers Agency
  A seller agent is a licensee who acts on behalf of a seller or landlord in the sale, exchange, rental, or lease of real estate. The seller is the licensee's client and the licensee has the duty to represent the seller's best interest in the real estate transaction.
• Single Agency
  Single agency is a practice where a firm represents the buyer only, or the seller only, but never both in the same transaction. A disclosed dual agency cannot occur.
• Sub-Agency
  A sub-agent is a licensee who works for one firm, but is engaged by the principal broker of another firm to perform agency functions on behalf of the principal broker's client. A sub-agent does not have an agency relationship with the customer.
• Buyer Agency
  A buyer agent is a licensee who acts on behalf of a buyer or tenant in the purchase, exchange, rental, or lease of real estate. The buyer is the licensee's client and the licensee has the duty to represent the buyer's best interests in the real estate transaction.
• Disclosed Dual Agent
  A disclosed dual agent is a licensee acting for both the seller landlord and the buyer/tenant in the same transaction with the knowledge and written consent of all parties. The licensee cannot advocate on behalf of one client over another. Because the full range of duties cannot be delivered to both parties, written informed consent must be given by all clients in the transaction.
  A Dual Agent may not reveal confidential information without consent, such as:
  1. Willingness of the seller to accept less than the asking price.
  2. Willingness of the buyer to pay more than what has been offered.
  3. Confidential negotiating strategy not disclosed in the sales contract as terms of the sale.
  4. Motivation of the seller for selling nor the motivation of the buyer for buying.
• Designated Agency
  A Designated Agent is a licensee who represents one party of a real estate transaction and who owes that party client level duties, whether or not the other party to the same transaction is represented by another individual licensee associated with the same brokerage firm.
• Facilitator
  A Facilitator is an individual licensee who assists one or more parties during all or a portion of a real estate transaction without being an agent or advocate for the interests of any party to such transaction. This relationship may change to an agency relationship by entering into a written contract for representation, prior to the preparation of an offer.
  If another relationship between the licensee who performs the services and the seller, landlord, buyer or tenant is intended, it must be described in writing and signed by all parties to the relationship prior to services being rendered.

For a copy of the New Hampshire form from the NH Real Estate Commission please click here then select   New Hampshire Consumer Information and Consumer Agency/Non-Agency Disclosure Forms

For a copy of the Massachusetts Board of Registration of Real Estate Brokers and Salespersons pamphlet for consumers that explains the relationship between consumers and real estate brokers.  Massachusetts Agency Disclosure: A consumer guide to real estate representation.