Title 331-A
RSA 331-A:2
Citation: RSA § 331-A:2
Section: 331-A:2
Definitions. – In this chapter: I. "Advance fees" mean any fees charged for services including, without any limitation, any fees charged for listing, advertising, or offering for sale or lease any real property. Advance fees shall not include fees paid solely for advertisement in a newspaper or other publication of general circulation, including electronic publications. I-a. "Agency" means a fiduciary relationship between a principal and an agent arising out of a brokerage agreement whereby the agent is engaged to do certain acts on behalf of the principal in dealings with a third party. I-b. "Appointing agent" means a broker named by the principal broker who appoints individual real estate licensees to represent either the buyer or tenant, or the seller or landlord, in an office of a firm that practices designated agency. I-c. "Associate broker" means any person who is licensed as a real estate broker, but who is employed by a principal broker or under contract, expressed or implied, to a principal broker and in addition operates under the supervision of a principal broker to participate in any activity described in paragraph III of this section. II. "Branch office" means a real estate broker's office other than the principal place of business. III. "Broker" means any person acting for another on commission or for other compensation, for the promise of such commission or other compensation, or any person licensed under this chapter acting on the licensee's own behalf who: (a) Sells, exchanges, purchases, rents, or leases real estate. (b) Offers to sell, exchange, purchase, rent or lease real estate. (c) Negotiates, offers, attempts or agrees to negotiate the sale, exchange, purchase, rental or leasing of real estate. (d) Lists, offers, attempts or agrees to list real estate for sale, lease or exchange. (e) Buys, sells, offers to buy or sell, or otherwise deals in options on real estate or improvements on real estate. (f) Collects, offers, attempts or agrees to collect rent for the use of real estate. (g) Advertises or holds oneself out as being engaged in the business of buying, selling, exchanging, renting or leasing real estate. (h) Assists or directs in the procuring of prospects, calculated to result in the sale, exchange, lease, or rental of real estate. (i) Assists or directs in the negotiation of any transaction calculated or intended to result in the sale, exchange, leasing or rental of real estate. (j) Engages in the business of charging an advance fee in connection with any contract whereby the person undertakes to promote the sale or lease of real estate, through its listing in a publication or data base issued for such purpose, through referral of information concerning such real estate to brokers, or both. III-a. "Brokerage agreement" means a written contract between a principal and a real estate brokerage firm intended to bring parties together for the sale, purchase, exchange, rent, or lease of real estate. III-b. "Buyer" mea