New Hampshire Real Estate Practice Exam.
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1. After a Merrimack seller terminates a listing agreement early, the agent later discovers the seller sold to a buyer the agent had personally introduced during the listing period, just outside a protection-period clause the contract lacked. Without such a clause, the agent's ability to claim a commission is:
- A. Unaffected, because any buyer ever shown the property by that broker owes a lifetime commission obligation
- B. Weakened, because most listing agreements only entitle the broker to commission during the agreement's term absent a holdover/protection clause
- C. Void entirely, because terminated listings can never result in any commission dispute
- D. Automatically guaranteed under an implied one-year protection period in every listing
Show answer & explanation
Answer: B
Without a protection or extension clause, a broker's claim to commission on a sale occurring after termination is generally weak, since entitlement typically runs with the agreement's stated term. There is no universal lifetime obligation or automatically implied one-year protection period, and post-termination sales absolutely can and do generate real commission disputes.2. An agent representing a seller in North Conway learns the buyer plans to convert the ski cottage into a short-term rental, information the buyer shared confidentially through their own agent's negotiations. What should the seller's agent do with this fact?
- A. Contact the buyer's agent to demand permission to share it before the closing can proceed
- B. Recognize that this is likely confidential information from the buyer's side that shouldn't be relayed, since it wasn't intended for the seller
- C. Immediately share it with the seller because full disclosure to one's own client is always required regardless of source
- D. Ignore it since it isn't relevant to the transaction
Show answer & explanation
Answer: B
Information shared in confidence by the other side's client through their own agent generally should not be relayed without permission, because a fiduciary duty to one's own client does not override the other party's confidentiality expectations. Treating disclosure as always mandatory overgeneralizes that duty, while ignoring it or demanding permission before closing are not accurate descriptions of the proper response.3. 'The house is well-built, but it backs up to the ski resort's snow-making compressor building, and buyers keep mentioning the noise,' an appraiser notes about a Loon-area property. A resulting reduction in value from this off-site nuisance is best classified as:
- A. Physical deterioration
- B. Curable depreciation
- C. Functional obsolescence
- D. External (economic) obsolescence
Show answer & explanation
Answer: D
Value loss caused by factors outside the property line, such as noise from a neighboring use, is external or economic obsolescence, which is generally incurable by the property owner. Physical deterioration involves wear on the structure itself, functional obsolescence involves outdated design or features within the property, and curable depreciation describes ease of repair rather than the source of the loss.4. While preparing a listing near Alton Bay, an agent learns the home experienced a fatal accident unrelated to the property's physical condition several years ago. Handling of this type of 'stigmatized property' fact typically depends on:
- A. The listing price of the property
- B. Whether the buyer is represented by an agent at all
- C. State-specific law and practice, since disclosure requirements for events unrelated to physical condition vary by jurisdiction
- D. A universal nationwide rule requiring disclosure of any death regardless of cause or state law
Show answer & explanation
Answer: C
Rules governing disclosure of non-physical stigmatizing facts, such as a past death unrelated to the property's condition, vary significantly by jurisdiction, so an agent must know the specific state's approach rather than assume one universal nationwide rule. Whether the buyer has representation and the property's listing price are unrelated to this disclosure obligation.5. Why do most real estate license laws prohibit a licensee from accepting an undisclosed fee from a home inspector for referring clients to that inspector?
- A. Because such referrals are always illegal regardless of disclosure
- B. Because inspectors are never allowed to be paid for their services
- C. Because only attorneys may refer clients to service providers
- D. Because undisclosed referral fees create an undisclosed conflict of interest that can compromise the licensee's duty to the client
Show answer & explanation
Answer: D
The core concern is the undisclosed conflict of interest, since the licensee's recommendation might be influenced by personal financial gain rather than the client's best interest. The rule targets the lack of disclosure specifically, not referrals or inspector compensation in general, and it does not restrict such referrals to attorneys only.6. A rural property near Errol relies on a private well and septic system. During a showing, a buyer asks the agent whether the septic system has ever been inspected. The agent, who has no independent knowledge, should:
- A. State confidently that all septic systems in the area meet current standards
- B. Tell the buyer they don't know and recommend the buyer obtain a professional septic inspection
- C. Assume the seller's disclosure form covers this and decline to discuss it further
- D. Guess based on the home's age to keep the showing moving
Show answer & explanation
Answer: B
An agent without direct knowledge should say so honestly and direct the buyer toward appropriate professional verification, rather than guessing based on age, offering unsupported assurances about area-wide standards, or deflecting the question by pointing only to the disclosure form, any of which risk misrepresentation.7. 'We can't have a flashing strobe alert wired into the hallway for a hard-of-hearing resident, it would clash with the lobby's design,' a condo association manager near Salem tells a resident. Under fair housing law, a housing provider's obligation regarding reasonable modifications generally requires:
- A. Charging the resident a mandatory deposit equal to the full cost of eventual removal in all cases
- B. Requiring the resident to move to a different unit that already has the feature instead
- C. Refusing all modification requests that alter a common area's appearance
- D. Allowing the resident to make the modification at their own expense, absent an undue burden, even if it changes the appearance
Show answer & explanation
Answer: D
Fair housing law generally requires allowing reasonable modifications needed because of a disability, typically at the resident's own expense, even if the modification affects the appearance of a common area, rather than an outright refusal, forced relocation to a different unit, or an automatic full-removal deposit requirement in every case.8. A mortgage lender processing an application for a buyer purchasing a home near Milford denies the loan and, when asked why, gives a vague, inconsistent explanation that shifts each time the applicant follows up. Under the Equal Credit Opportunity Act, the lender is generally required to:
- A. Explain the denial verbally only, with no written follow-up required
- B. Provide no explanation at all, since lenders have full discretion
- C. Only explain the denial if the applicant threatens legal action
- D. Provide the applicant a specific statement of reasons for the denial upon request
Show answer & explanation
Answer: D
The Equal Credit Opportunity Act generally entitles a rejected applicant to a specific, actionable statement of reasons for an adverse credit decision, rather than a vague or shifting explanation, no explanation at all, or an informal response contingent on the applicant threatening legal action.9. Which phrase, if included in a real estate sale listing for a Portsmouth condominium, would most likely violate the Fair Housing Act's advertising rules?
- A. "Freshly painted with new flooring throughout"
- B. "Walking distance to the waterfront and shops"
- C. "Ideal for a retired couple, not suited for children"
- D. "Immediate occupancy available"
Show answer & explanation
Answer: C
Language expressing a preference against families with children, or steering the property toward or away from a particular age or family-status group, violates fair housing advertising rules. Describing proximity to amenities, recent updates, or occupancy timing are neutral descriptions unrelated to any protected class and generally raise no such concern.10. Under New Hampshire licensing eligibility requirements, what is the minimum age an applicant must have reached to be issued a real estate salesperson's license?
- A. 25
- B. 21
- C. 18
- D. 16
Show answer & explanation
Answer: C
New Hampshire requires salesperson applicants to have reached 18 years of age as part of basic licensing eligibility, so the other ages listed, while common guesses, do not match the state's actual age threshold for licensure.11. As part of a New Hampshire salesperson license application, an applicant must submit signed affidavits attesting to their character. How many character references does New Hampshire require for this purpose?
- A. Three
- B. Five
- C. One
- D. Two
Show answer & explanation
Answer: A
New Hampshire's licensing application process requires signed character-reference affidavits from three references, not one, two, or five.12. 'I want to open a second office location under the same firm in Littleton,' a Principal Broker tells a colleague. Under New Hampshire's regulatory structure, this second location would need to be registered as a:
- A. Real Estate Firm Branch
- B. Separate Real Estate Firm entirely unrelated to the first
- C. Real Estate Trade Name only, with no separate registration
- D. Associate Broker location
Show answer & explanation
Answer: A
New Hampshire specifically regulates 'Real Estate Firm Branch' locations as a distinct registered category tied to the main firm, rather than requiring an entirely separate firm, a trade-name-only filing, or treating the location as an individual broker designation.13. Which of the following license/entity types does the New Hampshire Real Estate Commission regulate, in addition to individual salespersons and brokers?
- A. Home inspectors
- B. Mortgage loan originators
- C. Property insurance adjusters
- D. Real estate firms and their trade names
Show answer & explanation
Answer: D
The New Hampshire Real Estate Commission's regulatory scope explicitly includes real estate firms, firm branches, and trade names alongside individual licensees, while home inspectors, mortgage loan originators, and insurance adjusters fall under other, separate regulatory bodies.14. A newly licensed salesperson in Concord wants to advertise listings independently under her own name without her broker's involvement. Under New Hampshire's licensing structure, a salesperson's authority to practice real estate is:
- A. Limited strictly to renting apartments, never sales
- B. Fully independent once licensed, with no supervisory relationship required
- C. Equivalent in every respect to a Principal Broker's authority
- D. Exercised under the supervision of a broker, since the salesperson license is an entry-level license operating within a licensed brokerage
Show answer & explanation
Answer: D
The salesperson license is structured as an entry-level license that operates under a supervising broker rather than independently, unlike the broader authority granted to a Principal Broker, and it is not limited to a single transaction type such as rentals only.15. 'I let my unlicensed personal assistant negotiate the price directly with a buyer while I was out of town,' a Salesperson tells a colleague about a Rochester listing. This delegation of duties is problematic under license law primarily because:
- A. Negotiating price terms is a licensed activity that an unlicensed assistant may not lawfully perform
- B. Only Principal Brokers, never salespersons, may use assistants at all
- C. Assistants may negotiate freely as long as the salesperson is compensated afterward
- D. Unlicensed assistants may never perform any task connected to a real estate transaction
Show answer & explanation
Answer: A
Negotiating transaction price terms is considered a licensed activity, so delegating it to an unlicensed assistant is improper, even though unlicensed assistants can lawfully perform many administrative tasks, which makes the blanket claim that they can never perform any task too absolute. This issue is not limited to Principal Brokers, and after-the-fact compensation does not cure the underlying licensing violation.16. A Managing Broker at a Manchester firm is asked to explain the difference between her role and that of an Associate Broker at the same office. The most accurate distinction is that a Managing Broker typically:
- A. Is regulated by a different state agency entirely
- B. Holds no real estate license at all, only a business permit
- C. Holds supervisory/managerial responsibility over the office's licensees, distinguishing the role from an Associate Broker who does not run the office
- D. Has identical authority to a salesperson with no additional supervisory role
Show answer & explanation
Answer: C
New Hampshire's licensing structure distinguishes management-level responsibility, held by Managing or Principal Brokers, from an Associate Broker, who holds broker-level qualifications but does not run the office; both remain licensed and regulated by the same state Commission rather than different agencies.17. To lawfully use a business name other than her own legal name or her firm's registered name when marketing listings in Exeter, a salesperson's firm would need to have that name registered with the state as a:
- A. Real Estate Trade Name
- B. Franchise disclosure filing
- C. Personal license endorsement
- D. Municipal business permit only
Show answer & explanation
Answer: A
New Hampshire specifically regulates and requires registration of 'Real Estate Trade Names' used by firms, rather than treating this as a personal license endorsement, a franchise filing, or something covered solely by a municipal permit.18. A cottage listing on Squam Lake advertises 'lake rights to the center of the pond.' Reviewing the deed, the salesperson should recognize that in New Hampshire the bed of a great pond is generally:
- A. Owned jointly by all abutting property owners in equal shares
- B. Held in public trust and not owned by the abutting landowner
- C. Transferred automatically with the first waterfront deed ever recorded
- D. Owned by whichever abutter has the longest shoreline frontage
Show answer & explanation
Answer: B
Many jurisdictions, including New Hampshire, hold the beds of great ponds in public trust for public use rather than granting title to abutting landowners; the abutter has rights of reasonable use, not ownership of the lakebed itself. Assuming shared ownership among neighbors, automatic transfer with the oldest deed, or frontage-based ownership all misunderstand how public trust doctrine separates the water body from private shoreline title.19. 'Can I put a small dock in front of my cabin on the pond?' a buyer in Wolfeboro asks. The best answer describes this as an exercise of:
- A. An easement in gross granted by the town
- B. A profit a prendre reserved by the original grantor
- C. A license that automatically transfers with any future sale
- D. Riparian/littoral rights incidental to owning the abutting parcel
Show answer & explanation
Answer: D
Littoral rights, such as reasonable use of the adjacent water including a small dock, arise automatically from owning the abutting land and are subject to local regulation. An easement in gross belongs to an unrelated party rather than the landowner, a profit a prendre concerns taking resources like timber or minerals, and a license is a revocable personal permission that does not run with the land.20. To settle a boundary dispute in Jackson where a stone wall has marked the line between two mountainside lots for over forty years even though it drifts from the recorded survey, a court would most likely apply the doctrine of:
- A. Escheat
- B. Constructive eviction
- C. Boundary by acquiescence (a form of adverse possession)
- D. Eminent domain
Show answer & explanation
Answer: C
Long-standing mutual recognition of a physical boundary line, like a decades-old stone wall, can support a boundary-by-acquiescence claim related to adverse possession principles. Constructive eviction concerns a landlord depriving a tenant of use, eminent domain is a government taking with compensation, and escheat is property reverting to the state absent heirs, none of which fit a private boundary dispute between neighbors.21. A ski condominium in Lincoln sits within a declaration that gives each unit owner an undivided interest in the common elements, including the lodge's pool and parking garage. This ownership structure is best classified as:
- A. A cooperative, where owners hold shares in a corporation that owns the building
- B. A leasehold estate subordinate to the developer's fee interest
- C. A condominium, where each owner holds fee title to a unit plus an undivided interest in common areas
- D. A timeshare interest limited to specific calendar weeks
Show answer & explanation
Answer: C
A condominium is defined by individual fee ownership of a unit combined with an undivided interest in shared common elements like a pool or garage. A cooperative instead has the corporation own the building while residents hold shares, a timeshare is divided by intervals of time rather than fee ownership, and a leasehold would mean the developer retains the underlying fee rather than conveying it to owners.22. Which of these is an example of an encumbrance that runs with the land rather than affecting only a specific person?
- A. A recorded utility easement crossing the rear of a lot near Bretton Woods
- B. A verbal promise from a neighbor not to build a fence
- C. A personal loan the seller took out using the home as informal collateral without recording a lien
- D. A month-to-month tenancy created by an oral agreement
Show answer & explanation
Answer: A
A recorded easement binds successive owners of the burdened land, making it an encumbrance that runs with the title. A month-to-month tenancy is a personal leasehold interest, an unrecorded informal loan creates no enforceable lien against future owners, and a verbal promise between neighbors is unenforceable against the land and does not bind successors.23. 'The town rezoned my street, but my detached garage predates the change and now sits closer to the line than the new setback rule allows,' a Hanover homeowner says. Her garage most likely qualifies as a:
- A. Spot zoning violation
- B. Variance
- C. Legal nonconforming use
- D. Special exception
Show answer & explanation
Answer: C
A structure that was lawful when built but no longer conforms after a later rezoning is a legal nonconforming use, sometimes called being grandfathered in. A variance is a case-by-case waiver requested going forward, a special exception is a use conditionally permitted under the ordinance's own terms, and spot zoning refers to improperly singling out one parcel for different treatment, none of which describe a pre-existing structure surviving a rule change.24. An executor settling a Hanover estate discovers the decedent held only a life estate in the family farmhouse, with the remainder interest deeded years earlier to a niece. When the life tenant dies, the property:
- A. Becomes part of the general probate estate to be distributed per the will
- B. Must be sold and proceeds split among all estate beneficiaries
- C. Reverts to the life tenant's heirs under intestacy rules
- D. Passes automatically to the niece as remainderman, outside the probate estate
Show answer & explanation
Answer: D
A life estate ends automatically at the life tenant's death, and because the remainder interest was already vested in the niece by the earlier deed, the property passes directly to her rather than becoming part of the life tenant's probate estate. Treating it as reverting to the life tenant's own heirs, requiring a forced sale, or folding it into the general estate all misunderstand how a previously conveyed remainder interest operates.25. A seller's agent listing a home in Concord owes which duty that specifically prohibits sharing the seller's confidential negotiating position with the buyer?
- A. Accounting
- B. Obedience
- C. Reasonable care
- D. Confidentiality
Show answer & explanation
Answer: D
The fiduciary duty of confidentiality specifically bars an agent from disclosing a client's private information, such as their lowest acceptable price, to the other side. Obedience concerns following lawful client instructions, reasonable care concerns competence and diligence, and accounting concerns proper handling of funds and documents, none of which specifically address protecting a client's negotiating position.26. 'I'll be representing both of you in this sale,' a Nashua broker tells a seller and a prospective buyer for the same ski chalet. For this dual agency to be lawful, the broker generally must first obtain:
- A. Approval from the buyer's lender only
- B. A court order permitting representation of both sides
- C. Nothing, since dual agency is automatically implied once an offer is written
- D. Informed, written consent from both parties
Show answer & explanation
Answer: D
Dual agency requires informed, written consent from both principals because the broker's duties to each side are necessarily reduced when representing both. Lender approval and court orders are unrelated to creating a lawful dual agency, and assuming it is automatically implied without consent risks an undisclosed dual agency violation.27. 'Both my seller and this buyer are already clients of our firm — can two of you each handle one side?' a training manager at a Dover brokerage asks during a workshop on split representation. For a lawful designated agency arrangement, the firm must:
- A. Assign one licensee to the seller and a different licensee to the buyer within the firm
- B. Refer one client to an outside firm entirely
- C. Have the same salesperson represent both parties directly
- D. Obtain a waiver from the buyer's lender before assigning agents
Show answer & explanation
Answer: A
Designated agency splits full representation between two different licensees at the same brokerage, with each owing complete fiduciary duty to their own client. Having one salesperson represent both parties describes dual agency instead, referring a client out is a separate arrangement entirely, and a lender waiver has no bearing on how agency is assigned within the firm.28. A buyer touring homes near Laconia signs a buyer-agency agreement. Because of this agreement, the agent's duty of loyalty now runs primarily to:
- A. The seller
- B. The buyer
- C. Whichever party pays the commission at closing
- D. The listing broker
Show answer & explanation
Answer: B
Signing a buyer-agency agreement establishes fiduciary loyalty running to the buyer, regardless of which party ultimately funds the commission at closing, since compensation source does not determine agency. The listing broker and seller are represented by the other side, not by this buyer's agent.29. A salesperson in Keene shows a buyer a property listed by another agent in the same firm without any special designation. Absent a designated-agency or dual-agency arrangement, what is the most accurate description of this situation?
- A. The salesperson automatically becomes a subagent of the buyer with no duties to the seller
- B. No agency relationship exists because the salesperson works for the buyer's employer, not the seller
- C. The firm has created an unintentional single-party agency void of duties to anyone
- D. The firm may be functioning as a dual agent for both parties even without explicit discussion, which risks undisclosed dual agency
Show answer & explanation
Answer: D
When two agents at one firm represent opposite sides without a formal designated- or dual-agency arrangement, an unintentional or undisclosed dual agency can arise, which is a real compliance risk requiring proper disclosure and consent. Claiming automatic subagency, no agency at all, or a duty-free single-party agency all mischaracterize this common in-house risk.30. 'My agent found me this cabin near Sunapee, but I never signed anything,' a buyer says after the deal falls through and the agent claims a commission. This scenario illustrates why written buyer representation agreements matter primarily because:
- A. A buyer cannot legally tour homes without a signed agreement in place
- B. Only written agreements create any fiduciary duty at all
- C. Written agreements clarify the scope of agency, compensation, and duration and reduce disputes over whether representation existed
- D. Verbal agency agreements are always void everywhere for real estate
Show answer & explanation
Answer: C
The practical value of a written buyer-agency agreement is that it clarifies scope, compensation, and duration, reducing exactly this kind of dispute over whether representation and a commission obligation existed. Claiming verbal agreements are universally void, that only written agreements ever create fiduciary duty, or that touring homes requires a signed agreement all overstate the legal rule.31. Which element is missing if a signed offer to purchase a home in Durham fails to state a specific dollar purchase price, instead saying only 'a fair price to be determined later'?
- A. Acceptance
- B. Legal purpose
- C. Legal capacity
- D. Definite and certain terms (part of mutual assent/consideration)
Show answer & explanation
Answer: D
Enforceable contracts require definite and certain terms, including a specific price, so leaving the price to be decided later fails this requirement and risks unenforceability. Legal capacity, legal purpose, and acceptance are separate contract elements that are not implicated by a vague price term.32. In a broker continuing-education case study built around a Rye home sale, a lender denies the buyer's loan application within the contract's 30-day financing-contingency window despite a complete, good-faith application. What happens to the buyer's earnest money deposit?
- A. The buyer may terminate the contract and receive a refund under the contingency
- B. It is forfeited automatically with no recourse
- C. The seller may still sue for specific performance regardless of the contingency
- D. The buyer loses any refund right because contingencies only protect sellers
Show answer & explanation
Answer: A
A financing contingency protects the buyer, allowing termination of the contract and a refund of the earnest money deposit when good-faith financing efforts genuinely fail within the stated period. Automatic forfeiture, a specific-performance suit despite the contingency, or the claim that contingencies only protect sellers all misstate who this clause is designed to protect.33. To convey a probate estate's antique farmhouse near Peterborough after court approval of the sale, an executor most likely signs which type of deed?
- A. An executor's deed, which conveys only the interest the decedent held and typically limits warranties to the executor's own acts
- B. A general warranty deed with full covenants matching what any private seller would give
- C. A sheriff's deed, since court involvement always means a foreclosure-style conveyance
- D. A quitclaim deed used exclusively because probate sales cannot use any other deed type
Show answer & explanation
Answer: A
An executor's (fiduciary) deed conveys the decedent's interest and typically limits warranties to the executor's own conduct, rather than offering the full covenants of a general warranty deed. It is not restricted to quitclaim form, and it is not a sheriff's deed, which is instead used in judicial or foreclosure-related sales, a different context entirely.34. To explain why a purchase contract for a starter home in Newmarket includes an earnest money deposit, a mentor broker tells a new licensee that its primary purpose is to:
- A. Pay the broker's commission in advance
- B. Replace the need for a home inspection
- C. Satisfy state transfer tax obligations
- D. Demonstrate the buyer's good faith and provide a fund that may become liquidated damages if the buyer defaults
Show answer & explanation
Answer: D
Earnest money demonstrates the buyer's good-faith intent to complete the purchase and can serve as a fund for the seller's liquidated damages remedy if the buyer defaults without excuse. It is unrelated to prepaying the broker's commission, satisfying transfer taxes, or substituting for a home inspection.35. 'I signed the purchase contract, but now I want someone else to take my place as buyer,' a client tells her agent about a pending deal on a Tilton cabin. Substituting a new buyer with the seller's consent, releasing the original buyer from further obligation, describes a:
- A. Right of first refusal
- B. Rescission
- C. Assignment
- D. Novation
Show answer & explanation
Answer: D
Novation replaces one party with a new one and, with the other party's consent, releases the original party from further obligation under the contract. An assignment can transfer rights or duties but typically does not by itself release the assignor, rescission cancels the contract entirely rather than substituting a party, and a right of first refusal is an unrelated priority-to-purchase concept.36. Two deeds convey the same Ossipee parcel from a common owner: a deed to buyer one signed first but recorded second, and a deed to buyer two signed later but recorded first, with buyer two unaware of the earlier deed and having paid value. Under a typical race-notice recording principle, priority would most likely favor:
- A. Buyer one, because the first deed signed is presumed valid under the statute of frauds
- B. Buyer two, because they recorded first without notice of the earlier unrecorded conveyance and paid value
- C. Whichever buyer has actual physical possession, regardless of recording
- D. Buyer one, because signing first always controls regardless of recording
Show answer & explanation
Answer: B
Race-notice recording statutes generally protect a subsequent bona fide purchaser who records first without actual or constructive notice of an earlier unrecorded conveyance. Signing order alone does not control priority, physical possession is not the recording-priority test, and the statute of frauds concerns whether a writing is enforceable at all, not recording priority between competing deeds.37. A seller in Alton backs out of a signed, valid contract to sell a waterfront lot with no legitimate contingency excusing performance. Which remedy allows the buyer to ask a court to force the seller to complete the sale rather than accept money damages?
- A. Liquidated damages
- B. Rescission
- C. Specific performance
- D. Novation
Show answer & explanation
Answer: C
Specific performance compels a reluctant party to complete the transaction, a remedy commonly available for real estate because each parcel is treated as legally unique. Liquidated damages and rescission are alternative remedies that resolve the dispute without forcing the sale itself, and novation is a substitution of parties rather than a breach remedy.38. To determine which party owes prorated property taxes at closing on a Gilford home sold mid-year, a settlement agent will typically:
- A. Ignore proration since taxes are always paid in full by the seller before listing
- B. Divide the tax year between seller and buyer based on days each owned the property up to and including the closing date
- C. Charge the entire annual tax bill to the buyer regardless of closing date
- D. Assign the tax obligation entirely based on whichever party's lender requires an escrow account
Show answer & explanation
Answer: B
Proration splits shared expenses like property taxes between buyer and seller according to their respective periods of ownership around the closing date. Charging the entire bill to one party, assuming taxes are always fully paid before listing, or basing the split on lender escrow requirements all misapply the proration concept.39. A lender's Loan Estimate for a $216,000 refinance on a home in Portsmouth lists a charge of 2.25 discount points. What dollar amount does this points charge represent?
- A. $2,160
- B. $48,600
- C. $4,860
- D. $2,430
Show answer & explanation
Answer: C
A discount point equals 1% of the loan amount, so 2.25 points on a $216,000 loan equal $216,000 multiplied by 0.0225, which is $4,860. Using only 1% instead of the full 2.25% produces $2,160, halving the rate produces $2,430, and shifting a decimal place produces $48,600, all common points-calculation errors.40. A buyer purchasing a home in Jackson makes a down payment of $46,500 on a $310,000 purchase price financed entirely through a single first mortgage. What is the resulting loan-to-value ratio, rounded to the nearest whole percent?
- A. 85%
- B. 46%
- C. 100%
- D. 15%
Show answer & explanation
Answer: A
Loan-to-value compares the loan amount, not the down payment, to the purchase price; the loan amount here is $310,000 minus $46,500, or $263,500, which divided by $310,000 is approximately 85%. Confusing the down-payment ratio of 15% with LTV, misreading the down-payment figure as 46%, or assuming the loan equals the full price are all common mistakes.41. Why does a lender still require private mortgage insurance when a homeowner refinances a property near Hollis with less than 20% equity in the home?
- A. To protect the borrower against loss of the down payment
- B. To protect the seller against a buyer's failure to close
- C. To protect the title company against recording errors
- D. To protect the lender against loss if the borrower defaults with low equity in the property
Show answer & explanation
Answer: D
Private mortgage insurance protects the lender's interest when the borrower has little equity in the property, not the borrower's own down payment, and this rationale applies on a refinance just as it does on a purchase loan. The seller's risk on a failed closing and the title company's risk on recording errors are addressed through entirely different mechanisms, such as contract terms and title insurance.42. 'The seller is willing to carry part of the loan himself,' a buyer's agent explains about a sale near Newfound Lake. This arrangement, where the seller extends credit to the buyer and holds a note secured by the property, is known as:
- A. Seller (purchase-money) financing
- B. An assumable FHA loan
- C. A wraparound lease
- D. A blanket mortgage
Show answer & explanation
Answer: A
Seller, or purchase-money, financing occurs when the seller acts as the lender and takes back a note secured by the property. A wraparound lease is not a recognized financing term, an assumable FHA loan instead involves a buyer taking over an existing government-backed loan rather than the seller lending directly, and a blanket mortgage covers multiple properties under one loan.43. A borrower financing a seasonal rental property in Lincoln chooses a loan with a fixed rate for the first several years followed by a large final payment that pays off the remaining balance in one lump sum. This structure describes a:
- A. Graduated payment mortgage
- B. Reverse mortgage
- C. Balloon mortgage
- D. Fully amortized fixed-rate mortgage
Show answer & explanation
Answer: C
A balloon mortgage has smaller regular payments followed by one large final payment that retires the remaining balance. A fully amortized loan pays off completely through regular payments with no lump sum, a graduated payment mortgage steps payments up gradually rather than ending in one lump sum, and a reverse mortgage pays the borrower rather than requiring payments at all.44. 'Why does it feel like I'm barely paying down the balance these first few years?' a homeowner in Bedford asks after reviewing her fully amortizing fixed-rate mortgage statement. Her lender explains that early in the loan, the interest portion of each monthly payment, compared to the principal portion, is:
- A. Higher than the principal portion, gradually shifting over the loan term
- B. Zero, since interest is only charged in the final year
- C. Lower than the principal portion
- D. Always exactly equal to the principal portion
Show answer & explanation
Answer: A
Amortization schedules apply a larger share of each early payment to interest, since interest is calculated on the outstanding balance, which is highest early in the loan, with the principal share growing gradually as the balance declines. Claiming the shares are always equal, that interest starts lower than principal, or that interest is deferred entirely until the final year all misstate this basic amortization pattern.45. To avoid a prepayment penalty when refinancing a mortgage on an investment property in Wolfeboro ahead of schedule, a borrower should primarily:
- A. Assume no such penalty can ever legally exist on any mortgage
- B. Review the original loan documents for any prepayment penalty clause and its terms before paying off the loan early
- C. Wait exactly one calendar year after closing, which universally eliminates all prepayment penalties
- D. Request that the new lender absorb any penalty automatically as part of every refinance
Show answer & explanation
Answer: B
Whether a prepayment penalty applies, and on what terms, depends entirely on the specific loan's documents, making a review of those documents the correct first step before paying off a loan early. Assuming such penalties can never exist, that a fixed one-year wait universally eliminates them, or that a new lender automatically absorbs them are all inaccurate generalizations.46. A property manager in Somersworth reports that a small apartment building she oversees generates a net operating income of $46,200 per year, and similar local buildings are trading at a 6.6% capitalization rate. Using the income approach, what value does this indicate?
- A. $70,000
- B. $3,049
- C. $7,000,000
- D. $700,000
Show answer & explanation
Answer: D
The income approach derives value by dividing net operating income by the capitalization rate: $46,200 divided by 0.066 equals $700,000. Dividing by 0.66 or 0.0066 instead of 0.066 shifts the decimal to produce $70,000 or $7,000,000, and multiplying the income by the rate instead of dividing produces the far too small $3,049, all common capitalization-rate errors.47. A ski-town duplex near North Woodstock sold for $187,200 and rents for $1,560 per month. What gross rent multiplier does this sale indicate?
- A. 10
- B. 12
- C. 1,200
- D. 120
Show answer & explanation
Answer: D
The gross rent multiplier equals sale price divided by monthly rent: $187,200 divided by $1,560 equals 120. Mistakenly dividing by the annual rent instead of monthly rent produces the different figure of 10, and simple decimal-placement slips produce 12 or 1,200, all common GRM calculation errors.48. Which appraisal method is a mentor appraiser demonstrating when she values a historic property in Farmington by adjusting recent nearby sale prices for differences in condition and features?
- A. Cost approach
- B. Income approach
- C. Sales comparison approach
- D. Gross rent multiplier approach exclusively
Show answer & explanation
Answer: C
The sales comparison approach values a property by adjusting the prices of comparable recent sales for differences in condition and features. The cost approach instead estimates land value plus depreciated reproduction cost, the income approach capitalizes income, and the gross rent multiplier is a narrower income-based shortcut, none of which match the method described here.49. To identify the highest and best use of a vacant lot near a busy Conway intersection currently zoned for mixed commercial use, an analyst should evaluate which use is:
- A. Legally permissible, physically possible, financially feasible, and maximally productive
- B. Whatever use the current owner personally prefers regardless of zoning
- C. Identical to the adjacent parcel's use, since uniformity is required by definition
- D. The use that costs the least to develop, regardless of resulting value
Show answer & explanation
Answer: A
Highest and best use is defined by evaluating whether a use is legally permissible, physically possible, financially feasible, and maximally productive. Owner preference alone, choosing the lowest development cost regardless of resulting value, or assuming forced uniformity with a neighboring parcel are not the standard used to identify it.50. A comparative market analysis for a seasonal cottage near Ossipee Lake includes a nearby sale that closed at a notably higher price because the buyer significantly overpaid under time pressure to close before ski season rentals began. Before using that sale as a comparable, an agent should most importantly:
- A. Average it equally with all other comparables regardless of the circumstances
- B. Verify whether the sale reflects an arm's-length transaction at market value, and adjust or exclude it if it does not
- C. Ignore all other comparables and rely solely on this one recent sale
- D. Automatically include it at full value since more comparables always improve accuracy
Show answer & explanation
Answer: B
Comparables should reflect arm's-length transactions at genuine market value; a sale distorted by unusual buyer pressure or non-market motivation should be adjusted or excluded rather than blindly included, evenly averaged with unrelated sales, or used as the sole basis for value. Verifying the circumstances behind an outlier sale is the essential first step before relying on it.51. A seller in Barrington knows the home's well produced discolored water intermittently last summer but says nothing on the disclosure form because a filter was later installed. What is the best practice for the listing agent upon learning this?
- A. Advise the seller that disclosure is optional if a fix was applied
- B. Advise the seller to disclose the known material fact, since past well issues can affect a buyer's decision even after a fix
- C. Disclose the issue directly to the buyer without informing the seller first
- D. Say nothing, since a filter was installed and resolved the issue
Show answer & explanation
Answer: B
Known material facts affecting value or desirability, such as an intermittent well water-quality problem, should generally be disclosed even after remediation, because a buyer may still weigh the property's history in deciding whether and how much to offer. Staying silent, treating disclosure as optional once fixed, or bypassing the seller and disclosing directly to the buyer all mishandle the agent's proper role.52. 'I'll just write the ad to say the unit sleeps eight, even though it's really more like four comfortably,' a listing agent jokes about a Waterville Valley rental condo. Advertising the unit this way primarily risks:
- A. Only a civil dispute between the guests and the property owner, never involving the agent
- B. Nothing, since advertising exaggeration is expected and never regulated
- C. Violating rules against false or misleading advertising, regardless of the agent's intent as a joke
- D. A violation only if a written contract is signed based on the ad
Show answer & explanation
Answer: C
Rules against false or misleading advertising apply to the substance of a claim regardless of whether the agent intended it as a joke. Assuming exaggeration is always unregulated, that only the owner-guest relationship is exposed, or that liability only attaches once a written contract is signed all understate the agent's own advertising-compliance risk.53. To comply with general ethical standards around dual compensation, an agent who receives a referral fee from a moving company for every client sent their way should:
- A. Keep the arrangement private since referral fees are a normal part of doing business
- B. Only disclose the arrangement if the client specifically asks about it
- C. Disclose the referral arrangement to the client before recommending the mover
- D. Route the fee through the brokerage's escrow account to make it exempt from disclosure
Show answer & explanation
Answer: C
The ethical standard calls for proactively disclosing financial relationships that could influence a recommendation, before making it, rather than waiting to be asked, keeping the arrangement private, or assuming that routing the money through an account changes the underlying disclosure obligation.54. An agent representing a buyer for a seasonal rental property near Bretton Woods notices visible mold in the basement during a walkthrough but the buyer seems eager to close quickly. The agent's ethical obligation in this situation is to:
- A. Only mention it if the buyer's inspector happens to ask directly
- B. Wait until after closing to mention it informally
- C. Say nothing because pointing out flaws could jeopardize the transaction
- D. Point out the visible condition to the buyer regardless of the buyer's eagerness to close
Show answer & explanation
Answer: D
An agent representing the buyer owes a duty of reasonable care and honesty that includes flagging visibly observable conditions like mold, even when the client is eager to proceed quickly. Withholding it to protect the deal, waiting for an inspector to raise it, or disclosing only after closing all fail that duty to the buyer.55. 'I don't want a family with little kids tearing up my unit,' a landlord tells his new property manager while reviewing applicants for a rental in Windham. Under the federal Fair Housing Act, which of the following is a protected class the landlord may not use as a basis to reject an application?
- A. Inability to provide proof of income
- B. A documented history of unpaid utility bills
- C. Credit score below a stated minimum
- D. Familial status, such as having young children
Show answer & explanation
Answer: D
Familial status is one of the classes protected under the federal Fair Housing Act, unlike creditworthiness, income verification, or a documented payment history, which are legitimate, non-protected screening criteria when applied consistently to all applicants.56. An agent working in a racially diverse Nashua neighborhood consistently shows white buyers only listings in one part of town and steers buyers of other races toward a different part of town, regardless of stated preferences. This practice is known as:
- A. Steering
- B. Blockbusting
- C. Restrictive covenanting
- D. Redlining
Show answer & explanation
Answer: A
Steering is the practice of channeling homebuyers toward or away from particular neighborhoods based on a protected characteristic. Redlining involves lenders or insurers denying services by geographic area often tied to race, blockbusting involves inducing panic selling by suggesting protected-class buyers are moving in, and restrictive covenants are historic, now-unenforceable deed provisions once used to exclude protected classes.57. To comply with the Real Estate Settlement Procedures Act when referring a Rochester buyer to an affiliated title company owned partly by the brokerage, an agent should:
- A. Accept an undisclosed fee from the title company for every referral made
- B. Avoid referring to any affiliated company under any circumstances, even with disclosure
- C. Disclose the affiliated business relationship and confirm the buyer isn't required to use that company
- D. Require the buyer to use the affiliated company exclusively as a condition of representation
Show answer & explanation
Answer: C
RESPA permits affiliated business arrangements but requires disclosure of the relationship and confirmation that the buyer is not required to use the affiliated provider. It does not ban all affiliated referrals outright, does not allow requiring the buyer to use the affiliate, and specifically prohibits undisclosed kickback-style fees for referrals.58. To identify who ultimately bears accountability for a brokerage's trust account holding a buyer's earnest money in a Concord transaction, a salesperson should understand that responsibility for proper handling of client funds generally rests with:
- A. The buyer's lender exclusively
- B. The salesperson who wrote the offer, with no broker involvement
- C. The broker/firm responsible for maintaining the trust or escrow account in compliance with license law
- D. The title company handling the closing, regardless of who is holding the deposit
Show answer & explanation
Answer: C
Brokerage trust or escrow account compliance is a core license-law responsibility resting with the broker overseeing the firm's accounts, not with the buyer's lender, an individual salesperson acting alone, or the closing title company unless that company is the one actually holding the funds.59. A Principal Broker in Berlin learns that a salesperson affiliated with the firm has been depositing client earnest money into the same account used for the firm's operating expenses. This practice, known as commingling, is generally treated under real estate license law as:
- A. An acceptable shortcut as long as the money is eventually accounted for
- B. Irrelevant to license law and governed solely by banking regulations
- C. A serious violation, since client funds must be kept separate from the broker's own operating funds
- D. Permitted only if the client verbally agrees in advance
Show answer & explanation
Answer: C
Commingling client funds with a broker's operating funds is a serious license-law violation precisely because client money must be segregated and protected, regardless of whether it is eventually accounted for, and it is not cured by verbal client consent, nor is it a matter governed solely by banking law rather than license law.60. Which of the following best describes the role of the New Hampshire Real Estate Commission, operating under the Office of Professional Licensure and Certification?
- A. It represents buyers in disputed transactions
- B. It negotiates commission rates on behalf of all licensees
- C. It functions solely as a trade association for brokers
- D. It develops and enforces licensing, ethical, and educational standards for salespersons and brokers
Show answer & explanation
Answer: D
The Commission's role is to develop and enforce licensing, ethical, and educational standards for the profession, not to negotiate commissions on licensees' behalf, represent parties in disputes, or act as a voluntary trade association.61. A salesperson in Salem discovers that a client believes an unrelated business the salesperson also owns will get preferential treatment during the transaction. Under general license law conduct standards, the salesperson's obligation regarding this kind of personal interest is to:
- A. Only disclose if directly and explicitly asked by the client
- B. Say nothing since personal business interests are always irrelevant to real estate transactions
- C. Disclose the personal/financial interest to the client so it doesn't create an undisclosed conflict
- D. Resign from the transaction immediately in every such case with no other option
Show answer & explanation
Answer: C
License law conduct standards generally require disclosing personal or financial interests that could affect a client's trust or decision-making, rather than staying silent, treating resignation as the only possible response, or waiting to be asked directly before disclosing.
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Key facts: New Hampshire Real Estate exam
The New Hampshire Real Estate is administered by New Hampshire Real Estate Commission (Office of Professional Licensure and Certification), with 120 scored questions, a 4 hours time limit and a National 56 of 80; state 28 of 40 (combined sitting 84 of 120) result.
This free New Hampshire Real Estate practice test has 61 original questions written to New Hampshire Real Estate Commission (Office of Professional Licensure and Certification)'s official content outline, last checked against it on August 11, 2026. Every question shows a worked explanation, and nothing here requires a signup.
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Official sources
Every exam fact on this page traces to a primary document published by the body that administers the exam.
- New Hampshire Real Estate Commission License Examinations Candidate Information Bulletin (PSI Services LLC)New Hampshire Real Estate Commission (Office of Professional Licensure and Certification)oplc.nh.gov
- Real Estate Commission Initial Application Checklist (OPLC, Rev. 02/2026)New Hampshire Real Estate Commission (Office of Professional Licensure and Certification)oplc.nh.gov
- RSA 331-A:10 Qualifications for Licensure (NH General Court)New Hampshire Real Estate Commission (Office of Professional Licensure and Certification)gc.nh.gov
- NH Real Estate Commission (OPLC board page)New Hampshire Real Estate Commission (Office of Professional Licensure and Certification)oplc.nh.gov
Last verified against the official exam content outline:
Frequently asked questions
How many questions are on the real New Hampshire salesperson exam?
The exam has two portions: an 80-item National portion and a 40-item State portion, for 120 total items when taken as a combined sitting.
What score do I need to pass on practice questions to be ready for test day?
Aim to consistently score above the real passing bar: 56 of 80 on the National portion and 28 of 40 on the State portion, which is 84 of 120 combined.
How should I use a practice test to prepare for the New Hampshire exam?
Work through timed practice sets that mirror both the National and State portions, review every missed item against the underlying rule or concept, and retake weak content areas until your accuracy holds steady across sittings.
Is this practice test free and does it require a signup?
Yes, this practice test is free to use and does not require creating an account.
Which topics should I prioritize when practicing?
Contracts carries the heaviest weight at 19% of the salesperson exam, followed by Agency at 13%, Practice of Real Estate at 12%, and Property Ownership and Financing each at 10%, so practice sets should reflect that emphasis.
How many practice questions should I complete before sitting the actual exam?
There is no official minimum, but working through several full-length practice sets covering both the National and State content areas helps build the stamina and recall needed for the 240-minute combined sitting.