realestate

New Hampshire prohibits right-to-list real estate contracts

AARP calls law a "critical step forward" in protecting homeowners from deceptive real estate practices.

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ew Hampshire has joined over 30 states in banning right-to-list agreements, also known as non-title recorded agreements for personal service (NTRAPS). These contracts allow a brokerage or company to pay an upfront fee for the exclusive right to sell a homeowner's property in the future. Critics consider this practice predatory and have pushed for its prohibition.

    The new law prohibits "unfair service agreements" that include NTRAPS or other arrangements deemed unethical or predatory. A contract is considered unfair if it doesn't complete its service within a year, or if it purports to run with the land or bind future property owners. This would prevent companies like MV Realty from altering a homeowner's title or clouding property recordings.

    The law aims to stop companies from shackling homeowners and limiting their ability to list and sell their homes. MV Realty's 40-year agreement allowed the company to place a lien on a property based on its value, which could be determined by the company itself. The American Land Title Association (ALTA) and AARP have been leading advocates for banning NTRAPS and praised New Hampshire's passage of the law.

    The new law is seen as a critical step forward in protecting homeowners from deceptive and predatory real estate practices. ALTA described it as essential to ensure there are no unreasonable restraints on a homeowner's ability to sell or refinance their home. The passage of similar laws in other states, including Rhode Island, has been celebrated by advocates for safeguarding property rights.

New Hampshire lawmakers ban right-to-list real estate contracts in state legislation.