Home sellers in New Hampshire are required by law to disclose detailed information about the status and condition of their property. They need to fill out the Property Disclosure - Residential Only or another form that complies with state law to inform buyers about what they're potentially purchasing.[3]
New Hampshire asks only for your personal knowledge of the property on its disclosure form. It warns buyers that the information on the form isn't guaranteed by the seller's broker or agent. It also makes it clear that sellers may be responsible and liable if they fail to disclose known information about the property. [4]
Sellers also need to comply with federal law and any local disclosures.
In a traditional sale, your real estate agent guides you through the property disclosure process and helps you avoid legal risks. If you're selling without a realtor in New Hampshire, however, you're on your own. We recommend seeking the counsel of a real estate professional or attorney to ensure you follow the law.
New Hampshire real estate disclosure requirements
What sellers must disclose in New Hampshire
New Hampshire requires sellers to disclose basic information about your property, like how long you've owned it, plus detailed specifics.
We've summarized the key questions you'll have to answer on your seller's disclosure statement below, grouped by topic.
These questions provide a good sense of the disclosures you'll need to make, but they aren't all the questions you'll be asked, nor are they all the disclosures you'll need to make.
You'll find everything the state of New Hampshire requires you to disclose in the Property Disclosure - Residential Only.
Key questions on the New Hampshire disclosure form
Click a topic to see the questions you'll need to answer.
Boundary issues
Fire safety
Flood dangers
Hazardous materials
Heating system
Insulation
Permitted improvements
Roof
Sewage and plumbing
Structure of the house
Water
Wood-destroying insects
Federal real estate disclosures
The Residential Lead-Based Paint Hazard Reduction Act of 1992 requires sellers to do the following for homes built before 1978:
- Give buyers the Environmental Protection Agency's Protect Your Family From Lead in Your Home pamphlet.
- Disclose lead-based paint or lead-based paint hazards.
- Provide records or reports of lead-based paint in the house, if applicable.
- Include a Lead Warning Statement confirming you complied with all notification requirements in the sales contract.
- Allow buyers a 10-day period to conduct a lead-based paint inspection or risk assessment.
The federal government requires no other specific real estate disclosures.
Local real estate disclosures
Check with your county or city government regarding local laws and seller disclosure requirements. Sometimes, you'll need to disclose local concerns like:
- Deaths that have occurred in the home
- Environmental hazards such as radon gas and asbestos
- Events that have stigmatized the property (violent crimes, suicide, reports of supernatural phenomena)
- History of methamphetamine production
- Homeowners Association (HOA) fees and rules
- Noise issues in the area
- Protected trees or other flora on your property
- Proximity to military facilities
- Proximity to power lines or wind farms
- Proximity to prisons and other detention facilities
- Proximity to sex offenders
🤔 How stressful is the paperwork for selling a home?
58% of sellers worry that a home inspection will reveal problems with their property.[5]
Who is exempt from New Hampshire seller disclosure requirements?
We couldn't find specific exemptions to seller disclosure in statute in New Hampshire. The disclosure rules we found come mainly from court decisions and broader legal duties that generally apply to most sales.
Even when a written disclosure form isn't required, sellers can still be held responsible for fraud or for knowingly hiding known defects.
Check the Property Disclosure - Residential Only or the state law governing disclosures to learn more about the rules that may apply in your situation.
⚡ Sellers of houses that need repairs or have complicating factors can sell quickly to a cash buyer. Clever Offers lets you compare competitive cash offers and alternatives quickly in one place. Request offers now!
FAQs about real estate disclosures in New Hampshire
Share your disclosures with prospective buyers sooner rather than later.
"It makes sense to share disclosures before a buyer submits an offer," says Clever Real Estate's Steve Nicastro, a former licensed real estate agent in the Charleston, S.C. market. "You'll avoid a situation where you go under contract, then the buyer sees the disclosure and decides that they don't want to proceed with the purchase."
If you're selling for sale by owner, read Clever's full list of documents required to sell a house, which covers the selling process from pre-listing to closing.
If you're selling with a real estate agent, you'll generally use the same documents, but your agent will guide you through all the paperwork.
For what it's worth, 7% of for sale by owner sellers say the paperwork is the most difficult step in the process.[1]
Yes, in limited ways. New Hampshire has minimal flood-disclosure requirements compared with many other states.
You typically need to disclose floodplain status or past flood insurance claims.
Sellers can also be held responsible for fraud or for knowingly hiding flood damage.
According to the National Resources Defense Council, millions of people live in homes that are at risk of flooding.[2]
Lying on a disclosure document is illegal, so a buyer may have cause to sue you.
A buyer could seek payment for repairs and attorney fees. In some cases, a buyer may attempt to reverse the sale.
We recommend hiring a real estate agent or a real estate attorney to guide you through your disclosures and avoid legal trouble.
The International Association of Certified Home Inspectors describes a material defect as "a specific issue with a system or component of a residential property that may have a significant, adverse impact on the value of the property or that poses an unreasonable risk to people."
A system or component near or at the end of its life cycle is not considered a material defect.
Generally, you're not required to get a home inspection before completing your disclosure form. Most states only require sellers to disclose issues they know about.
Check the Property Disclosure - Residential Only or another form that complies with state law to get details about your state's disclosure requirements.
Yes, in most cases. New Hampshire's seller disclosure form typically asks sellers to disclose any known asbestos or other hazardous materials in the home. If you know about asbestos in your house, you generally need to disclose it on the form.
Federal disclosure law doesn't specifically require asbestos disclosure. State requirements vary, and most require disclosure only if the seller has actual knowledge of asbestos.
For more, see Clever's guide to selling a house with asbestos.
Why trust us
Data sources
Our Research Team reviews federal and New Hampshire real estate disclosure requirements once a year. We use trusted sources like federal and state governments, state and local realtor associations, and real estate professionals in our articles.
About Clever Real Estate
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Our team of industry-leading researchers is committed to making the home selling process more accessible by educating sellers through guides like this one. We've spent thousands of hours analyzing publicly available data, surveying consumers, and interviewing industry experts. The New York Times, Business Insider, Inman, Housing Wire, and many more publications have featured our research.
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