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New Hampshire real estate contracts practice test

25 questions with answers and explanations · 2026

1. Earnest money is held in an interest-bearing escrow account and the contract is silent on interest. Who receives the interest?

Answer & explanation

Answer: C. RSA 331-A:13, II gives interest to the depositing party unless the parties agree otherwise in writing.

2. A property manager authorized to collect rents, sign leases, hire contractors and run the owner's buildings on an ongoing basis is typically a:

Answer & explanation

Answer: D. A general agent handles a range of matters in a continuing relationship (typical of property management). A listing agent is a special (limited) agent for one transaction.

3. A seller says, 'I will pay any broker a 5% commission if they bring me a buyer.' This promise creates a(n):

Answer & explanation

Answer: D. In a unilateral contract only one party is bound (to pay if the act is performed); the other party has no obligation to act. Most real estate contracts are bilateral.

4. A buyer offers $300,000. The seller counters at $315,000. The buyer rejects the counter and then tries to accept the original $300,000 offer terms. Is there a contract?

Answer & explanation

Answer: B. A counteroffer is a rejection and a new offer; the original offer cannot be revived by the buyer.

5. When a seller changes a term of the buyer's offer and returns it, this creates a:

Answer & explanation

Answer: C. Altering any term rejects the original offer and creates a counteroffer, which the buyer may accept or reject.

6. Under a land contract (contract for deed), during the payment period the buyer holds:

Answer & explanation

Answer: D. In an installment/land contract the buyer has equitable title and possession; the seller keeps legal title until the final payment.

7. An out-of-state broker may participate in a New Hampshire transaction under a cooperative brokerage agreement only when the property is:

Answer & explanation

Answer: D. RSA 331-A:22-a and Rea 703.01 limit cooperation to commercial transactions; RSA 331-A:2 defines commercial as anything other than one-to-four family dwellings.

8. A contract signed by a 17-year-old buyer is generally:

Answer & explanation

Answer: B. Contracts with minors are voidable at the minor's option; the adult party remains bound. A contract with someone adjudged insane is void.

9. A party making an offer to buy is the ____, and the party receiving it is the ____.

Answer & explanation

Answer: D. The offeror makes the offer; the offeree receives it. When a counteroffer is made, the roles swap.

10. A listing agreement in which the broker earns a commission regardless of who sells the property is a(n):

Answer & explanation

Answer: B. In an exclusive right-to-sell listing, the listing broker earns a commission no matter who procures the buyer, even the owner. (Reclassified to section 6 / CORE.)

11. Unless forwarded to a closing agent, title company, or attorney, escrowed deposits stay in the account until the contract ends by:

Answer & explanation

Answer: A. RSA 331-A:13, IV lists performance, written agreement of all parties, or court order. The broker cannot decide fault and release funds on one party's demand.

12. A listing agreement gives the broker authority to sign the purchase and sale contract on the seller's behalf. Under RSA 331-A:25-g, the agreement is:

Answer & explanation

Answer: C. RSA 331-A:25-g voids listing agreements that let a broker sign sale contracts. The owner, or an attorney-in-fact under a written power of attorney, must sign.

13. A listed property is already under contract when a new offer arrives. The seller's agent must:

Answer & explanation

Answer: B. RSA 331-A:25-b requires presenting all offers in a timely manner, even while under contract.

14. In an option to purchase, the seller who grants the option is the ____ and the option holder is the ____.

Answer & explanation

Answer: B. The seller (optionor) gives the option; the buyer (optionee) holds it. Only the optionor is bound during the option period, making it unilateral.

15. A buyer contracts to buy a home for $300,000, but it appraises at $290,000. The lender offers 75% LTV. What is the maximum loan?

Answer & explanation

Answer: B. LTV is applied to the LESSER of price or appraised value: $290,000 x 0.75 = $217,500. Using the $300,000 price ($225,000) is the common mistake.

16. After the buyer and seller sign a sales contract but before closing, the contract is:

Answer & explanation

Answer: B. A contract is executory while obligations remain to be performed; it becomes executed when fully performed (at closing).

17. A seller has already accepted an offer, and another buyer submits a higher offer. The listing agent should:

Answer & explanation

Answer: D. Listing agents must present all offers through closing, but should not give legal advice about the seller's obligations under the existing contract.

18. Which event terminates a listing agreement by operation (force) of law?

Answer & explanation

Answer: B. Agency ends by performance, expiration, mutual agreement, or situationally by force of law (bankruptcy, condemnation), death or incapacity, destruction of the property, or breach.

19. A buyer offers a promissory note as earnest money. The listing agent may accept it only if:

Answer & explanation

Answer: A. RSA 331-A:26, XI prohibits accepting non-cash earnest money without written disclosure to the owner.

20. A seller agrees with a broker that the seller will receive $200,000 and the broker keeps anything above that. The home sells for $240,000. This arrangement is a:

Answer & explanation

Answer: C. In a net listing the broker's fee is the excess over a set net ($40,000 here). It encourages the broker to underprice and is illegal in many states, including NJ.

21. A seller refuses to close on a valid contract. Because each parcel of real estate is unique, the buyer may sue to force the sale through:

Answer & explanation

Answer: D. Specific performance compels the breaching party to perform; it is available because land is unique. The buyer could alternatively seek monetary damages.

22. The federal law that prohibits price fixing, group boycotts, market allocation and tie-in agreements is the:

Answer & explanation

Answer: A. The Sherman Antitrust Act of 1890 prohibits conspiracies in restraint of trade, including these practices.

23. Which requirement applies to a cooperative brokerage agreement between a New Hampshire broker and an out-of-state broker?

Answer & explanation

Answer: A. Rea 703.01(d) limits the term to one year, places escrow with the New Hampshire broker, and makes the New Hampshire broker supervise. Commissions are negotiable between the brokers.

24. A buyer representation contract under Rea 404.04 must include, among other things:

Answer & explanation

Answer: B. Rea 404.04(g)-(h) requires a general description, location, and price range plus the other basics, including an expiration date.

25. Which item must a New Hampshire listing contract contain under Rea 404.04?

Answer & explanation

Answer: B. Rea 404.04 requires execution date, property details and asking price, names and addresses, the fee, and the expiration date.

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