Key Takeaways
- New Hampshire requires sellers to provide written disclosure of water supply, sewage, radon, and methamphetamine production
- The NHAR Property Disclosure Form is commonly used but seller disclosure is required by law under RSA 477:4-d
- Agents must disclose known material physical, regulatory, mechanical, or environmental conditions
- Lead-based paint disclosure is required for pre-1978 homes under federal law
- Agents have no affirmative obligation to investigate defects but must disclose what they know
New Hampshire Property Disclosure Requirements
New Hampshire has specific property disclosure requirements under state law, distinct from many other states.
Statutory Seller Disclosure (RSA 477:4-d)
Under N.H. Rev. Stat. Ann. section 477:4-d, sellers must provide written disclosure prior to any offer of sale by the buyer about:
Required Disclosures
| Disclosure Item | Details Required |
|---|---|
| Private water supply | Type, location, malfunctions, installation date, most recent water test date |
| Water problems | Unsatisfactory test results, test with notations |
| Sewage disposal system | Defects or problems |
| Radon gas | Known presence or testing results |
| Methamphetamine production | If produced on the property |
Key Points About Seller Disclosure
| Aspect | Description |
|---|---|
| Timing | Prior to any offer from buyer |
| Format | In writing |
| Standard | Personal knowledge of seller |
| Warranty | Form is NOT a warranty |
| Liability | Sellers may be liable for failing to disclose known information |
Important: New Hampshire asks only for your personal knowledge of the property. The form warns buyers that the information is not guaranteed by the seller's broker or agent.
NHAR Property Disclosure Form
The New Hampshire Association of REALTORS (NHAR) Property Disclosure Form is commonly used:
| Feature | Details |
|---|---|
| Purpose | Disclose known defects and issues |
| Questions | Approximately 60 questions |
| Response options | Yes, No, Unknown, Not Applicable |
| Legal status | Helps comply with RSA 477:4-d |
Note: The NHAR form is designed for sellers to disclose known defects, issues, or concerns. It is NOT a warranty from the seller regarding the property's condition.
Agent Disclosure Duties
Under RSA 331-A:25-b, real estate agents have specific disclosure duties.
Duty to Disclose Material Facts
Agents must disclose to prospective buyers any material physical, regulatory, mechanical, or on-site environmental condition affecting the property of which the licensee has actual knowledge:
| Material Fact Type | Examples |
|---|---|
| Physical defects | Foundation issues, roof leaks, water damage |
| Regulatory issues | Zoning violations, building code issues |
| Mechanical problems | HVAC failure, plumbing issues |
| Environmental conditions | Contamination, flooding history |
No Affirmative Duty to Investigate
| What Agents Must Do | What Agents Do NOT Have to Do |
|---|---|
| Disclose known material defects | Commission inspections |
| Treat all parties honestly | Investigate defects |
| Answer questions truthfully | Obtain professional reports |
Key Point: The agent is required to disclose only what was manifestly obvious or what the seller actually mentioned about the property.
Federal Lead-Based Paint Disclosure
For homes built before 1978, federal law requires:
| Requirement | Details |
|---|---|
| EPA pamphlet | "Protect Your Family From Lead in Your Home" |
| Known hazards | Disclose lead-based paint or hazards |
| Records/reports | Provide any existing lead testing reports |
| Lead Warning Statement | Include in sales contract |
| Inspection period | 10 days for buyer to inspect (waivable) |
Warning: Lead-based paint disclosure is REQUIRED under federal law regardless of state requirements.
Stigmatized Property
New Hampshire generally does not require disclosure of:
| Not Required to Disclose | Reason |
|---|---|
| Deaths on property | "Psychologically impacted" property |
| Crimes on property | Not material physical defect |
| Alleged paranormal activity | Not material fact |
Exception: Direct Questions
If a buyer directly asks about a specific issue and the agent knows the answer, they should respond honestly.
Under New Hampshire law (RSA 477:4-d), which of the following must sellers disclose?
What is the agent's duty regarding investigating property defects in New Hampshire?
When must sellers provide property disclosure information in New Hampshire?
Which federal disclosure is required for homes built before 1978?