NH Sellers and Buyer’s Agent Commission: 2025 Changes

Do New Hampshire sellers have to pay the buyer’s agent commission?

No. New Hampshire sellers are not legally required to pay the buyer’s agent commission. Since the National Association of REALTORS® changed its policy in August 2024, buyer-broker compensation is no longer offered through the MLS as a default seller obligation. Instead, it’s a negotiated term in each transaction, agreed to through the purchase contract, the listing agreement, or the buyer’s own agreement with their broker. Whether you pay any portion of it, and how much, is up to you and the deal you’re willing to make.

What actually changed, and what it means for Coös County sellers

For decades, the way real estate commissions worked was pretty simple on the surface: a seller signed a listing agreement, agreed to a total commission, and that commission was split between the listing broker and the buyer’s broker. The buyer’s agent got paid, and the seller rarely thought much about it.

That structure changed. In August 2024, the National Association of REALTORS® implemented new rules that removed the ability to advertise buyer-broker compensation on the MLS. At the same time, buyers are now required to have a written buyer-broker agreement in place before touring homes. That agreement spells out what the buyer’s agent will be paid and by whom.

Here’s what that means practically for a seller in Lancaster, Colebrook, or Gorham:

• You still negotiate what you pay your listing broker. That’s set in your listing agreement, and broker fees are fully negotiable. There is no standard, typical, or legally required rate.
• Paying the buyer’s agent is now a separate decision. You can offer to cover some or all of the buyer’s broker compensation as a concession in the purchase contract. Or you can decline. Either way, it’s a negotiated line item, not an automatic cost.
• Buyers may ask you to cover their agent’s fee. Some buyers, especially those who are cash-constrained, will build a request for seller-paid buyer-agent compensation into their offer. You can accept, counter, or decline, just like any other term.
• Your listing broker’s fee and any buyer-agent payment are separate concepts. What you agree to pay your listing broker does not automatically determine what, if anything, you contribute toward the buyer’s agent.

In my experience working with sellers across Coös County, the biggest source of confusion right now is the idea that the old structure is still in place. It isn’t. You have more control over this line item than sellers did two years ago, but that also means you need to think about it deliberately rather than just assuming it’s handled.

How buyer-agent compensation actually gets negotiated now

A buyer comes in with an offer. Their buyer-broker agreement already spells out what their agent expects to be paid. If that amount exceeds what the buyer is willing or able to cover themselves, the buyer may ask you, the seller, to contribute through a concession in the purchase contract.

You’re not obligated to agree. But here’s the honest reality: in a market where buyers have limited cash reserves, refusing to offer any contribution toward buyer-agent fees can shrink your buyer pool. That’s a strategic consideration, not a legal one. The right answer depends on your property, your price point, and the current demand in your specific area. That’s a conversation worth having before you list, not after an offer comes in.

What New Hampshire law actually requires sellers to pay or disclose

Commissions aside, there are a few things New Hampshire law does require of sellers, and it’s worth knowing the difference between what’s negotiable and what isn’t.

The real estate transfer tax

New Hampshire’s real estate transfer tax is a statutory closing cost that applies to both sides of a transaction. According to the New Hampshire Department of Revenue Administration, the rate is $0.75 per $100 of consideration for the seller and $0.75 per $100 of consideration for the buyer. This is not negotiable in the sense that the tax itself is set by statute. How it gets allocated between buyer and seller in a specific contract can be addressed in the purchase agreement, but the underlying obligation exists regardless of what you negotiate on commission.

Property disclosure requirements

Under N.H. Rev. Stat. Ann. § 477:4-d, New Hampshire sellers are required to provide written disclosure about private water supply, sewage disposal, and insulation. Importantly, if you don’t have information about one of those items, you’re still required to disclose that absence of information in writing. You can’t simply skip it.

In Coös County, where a significant portion of properties rely on private wells and septic systems, this matters a lot. I walk my sellers through this before we list, because an incomplete disclosure creates problems at closing, and sometimes kills deals entirely.

New Hampshire agents also have a statutory duty to disclose any material physical, regulatory, mechanical, or on-site environmental conditions they actually know about, per New Hampshire Office of Professional Licensure and Certification brokerage relationship materials. That duty sits with the licensee regardless of what the seller chooses to disclose.

Lead-based paint disclosure for older homes

If your home was built before 1978, federal law requires a lead-based paint disclosure and the distribution of the EPA’s “Protect Your Family from Lead in Your Home” pamphlet. This is a federal requirement layered on top of New Hampshire’s state disclosure rules, and it applies regardless of whether you’ve ever tested for lead. A lot of older homes in northern New Hampshire fall into this category, so it’s worth knowing upfront.

A quick reference: required vs. negotiated

What this means when you’re reviewing a listing agreement

Here’s what I tell every seller who asks me about this: read your listing agreement carefully, specifically the section on broker compensation. It should clearly state what you’re agreeing to pay your listing broker. It should also address, separately, what if anything you’re willing to offer toward buyer-broker compensation as a concession. Those are two distinct conversations.

If your listing agreement is vague about the distinction, ask. If the explanation you get is also vague, that’s a problem worth resolving before you sign.

One more thing worth mentioning: wire fraud is a real risk in real estate transactions, including in northern New Hampshire. Before you wire any funds at closing, verify the wiring instructions verbally with a known, trusted contact at your closing attorney’s or title company’s office. Never rely solely on emailed instructions. The FBI has documented a significant rise in real estate wire fraud, and it happens in rural markets too.

Also worth noting: under NH RSA 91-A and general privacy norms, if you have active recording devices in your home during showings, disclose that to your agent. Buyers should also be aware that properties may be monitored during showings.

Your specific situation, what you should offer, how to structure compensation in your listing agreement, and how it all affects your net, depends on your property, your timeline, and current demand in your area. That’s exactly the kind of thing I work through with sellers before we ever put a sign in the yard.

Frequently asked questions

Do New Hampshire sellers still offer buyer-agent commission in 2026?

Some do, some don’t. Since the August 2024 NAR policy change removed MLS-based offers of buyer-broker compensation, sellers now decide on a deal-by-deal basis whether to offer a concession that covers the buyer’s agent fee. It’s a negotiating tool, not a requirement. Whether it makes sense for your listing depends on your price point, your buyer pool, and current market conditions in your area.

Can a New Hampshire seller refuse to pay the buyer broker commission?

Yes. There is no New Hampshire law that requires a seller to pay the buyer’s agent. You can decline to offer any contribution toward buyer-broker compensation, and the buyer’s agent will need to be compensated through the buyer’s own agreement with their broker. Keep in mind that some buyers may factor this into their offer or choose not to pursue your property if their agent’s fee isn’t covered.

What does a New Hampshire listing agreement say about broker compensation?

A listing agreement sets out what you, the seller, agree to pay your listing broker. It may also address whether you’re willing to offer a concession toward buyer-broker compensation, but that’s a separate item from the listing-side fee. Both are negotiable. There is no standard or legally required rate for either. Review the compensation section carefully before signing, and ask questions if anything is unclear.

What closing costs are mandatory for a seller in New Hampshire?

The main statutory seller cost in New Hampshire is the real estate transfer tax, set at $0.75 per $100 of consideration under state law. Beyond that, sellers typically pay their share of prorated property taxes, any outstanding liens or mortgage payoffs, and costs tied to their specific listing agreement. Commission and buyer-agent compensation are negotiated, not legally mandated. Confirm your full picture with your closing attorney or title professional.

What exactly must New Hampshire sellers disclose about private water and septic systems?

Under N.H. Rev. Stat. Ann. § 477:4-d, sellers must provide written disclosure about private water supply, sewage disposal, and insulation. If you don’t have information about any of those items, you’re still required to disclose that absence in writing. In Coös County, where private wells and septic systems are common, this disclosure is one of the first things I walk sellers through, because incomplete information here can cause real problems later in the transaction.

Who chooses the title company or closing attorney in a New Hampshire home sale?

In New Hampshire practice, the title company or closing attorney is typically chosen by the buyer or the buyer’s lender. That said, it can be addressed in the purchase contract, and either party can raise a preference during negotiation. The choice affects which office coordinates the deed, mortgage payoff, recording documents, and final settlement statement, so it’s worth knowing early in the process.

The short version: no, you don’t have to pay the buyer’s agent commission. But how you handle that decision affects your buyer pool, your negotiations, and ultimately what you walk away with. Getting the strategy right before you list is the whole point.

If you’re selling in Colebrook, Lancaster, Gorham, Whitefield, or anywhere else in northern New Hampshire and want to talk through how to structure your listing agreement, reach out and we’ll go through it together.

Equal Housing Opportunity. Nick DeMers is a licensed real estate agent regulated by the New Hampshire Real Estate Commission. This article is general information only and is not legal, tax, or financial advice. Readers should confirm their own costs, obligations, and transaction details with a qualified attorney, tax advisor, lender, or closing professional.