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
Last updated: January 2026

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 ItemDetails Required
Private water supplyType, location, malfunctions, installation date, most recent water test date
Water problemsUnsatisfactory test results, test with notations
Sewage disposal systemDefects or problems
Radon gasKnown presence or testing results
Methamphetamine productionIf produced on the property

Key Points About Seller Disclosure

AspectDescription
TimingPrior to any offer from buyer
FormatIn writing
StandardPersonal knowledge of seller
WarrantyForm is NOT a warranty
LiabilitySellers 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:

FeatureDetails
PurposeDisclose known defects and issues
QuestionsApproximately 60 questions
Response optionsYes, No, Unknown, Not Applicable
Legal statusHelps 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 TypeExamples
Physical defectsFoundation issues, roof leaks, water damage
Regulatory issuesZoning violations, building code issues
Mechanical problemsHVAC failure, plumbing issues
Environmental conditionsContamination, flooding history

No Affirmative Duty to Investigate

What Agents Must DoWhat Agents Do NOT Have to Do
Disclose known material defectsCommission inspections
Treat all parties honestlyInvestigate defects
Answer questions truthfullyObtain 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:

RequirementDetails
EPA pamphlet"Protect Your Family From Lead in Your Home"
Known hazardsDisclose lead-based paint or hazards
Records/reportsProvide any existing lead testing reports
Lead Warning StatementInclude in sales contract
Inspection period10 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 DiscloseReason
Deaths on property"Psychologically impacted" property
Crimes on propertyNot material physical defect
Alleged paranormal activityNot material fact

Exception: Direct Questions

If a buyer directly asks about a specific issue and the agent knows the answer, they should respond honestly.

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New Hampshire Property Disclosure Requirements
Test Your Knowledge

Under New Hampshire law (RSA 477:4-d), which of the following must sellers disclose?

A
B
C
D
Test Your Knowledge

What is the agent's duty regarding investigating property defects in New Hampshire?

A
B
C
D
Test Your Knowledge

When must sellers provide property disclosure information in New Hampshire?

A
B
C
D
Test Your Knowledge

Which federal disclosure is required for homes built before 1978?

A
B
C
D