2.2 Property Disclosure Requirements
Key Takeaways
- RSA 477:4-d requires the seller to disclose, in writing, the private water supply system, the private sewage disposal system, and (since July 2024) insulation, before or during preparation of an offer.
- RSA 477:4-a separately requires notification about radon, arsenic, lead, PFAS, and (more recently) flood risk before a contract is executed.
- Disclosure forms reflect the seller's personal knowledge and are NOT a warranty of condition.
- Under RSA 331-A:25-b agents must disclose material defects of which they have actual knowledge but have no affirmative duty to investigate or inspect.
- Federal law requires lead-based paint disclosure for pre-1978 housing, including the EPA pamphlet and a 10-day inspection opportunity.
New Hampshire's two-statute disclosure system
A frequent exam mistake is lumping every required disclosure under one law. New Hampshire actually uses two statutes, and you must keep them straight.
RSA 477:4-d — seller's written disclosure of systems
For any sale of a one-to-four-family dwelling, the seller must disclose in writing, before or during preparation of the purchase-and-sale offer, information about the property's onsite systems:
| Disclosure item (RSA 477:4-d) | Details the seller must provide |
|---|---|
| Private water supply system | Type, location, malfunctions, installation date, date of most recent water test, and any unsatisfactory results or test notations |
| Private sewage disposal system | Location, malfunctions, date last serviced, and the servicing contractor's name |
| Insulation (added July 2024) | Known insulation type/condition information |
RSA 477:4-a — contaminant and flood notification
Before a contract is executed, the seller or seller's agent must give the buyer a separate notification that the property may contain or be exposed to radon, arsenic, lead, and PFAS, with flood-risk notification added by later amendment. This statute does not require test results; it requires a standard warning so the buyer can investigate.
Exam trap: If a question asks where radon and arsenic notification comes from, the answer is RSA 477:4-a, not 477:4-d. 477:4-d is the water/sewage/insulation systems statute. Mixing these up is a classic distractor.
The disclosure is personal knowledge, not a warranty
New Hampshire disclosure asks only for the seller's personal knowledge. The forms expressly state they are not a warranty of condition and are not guaranteed by the seller's broker or agent. A seller who answers "Unknown" honestly is generally protected; a seller who knowingly conceals a defect can be liable for misrepresentation.
| Aspect | Rule |
|---|---|
| Timing | Before or during preparation of the buyer's offer (477:4-d); before contract execution (477:4-a) |
| Format | In writing |
| Standard | Seller's actual personal knowledge |
| Legal effect | Not a warranty; honest "Unknown" is acceptable |
| Risk | Knowing concealment of a material defect creates liability |
The NHAR Property Disclosure Form
Most New Hampshire transactions use the New Hampshire Association of REALTORS (NHAR) Property Disclosure Form, a multi-page questionnaire (roughly 60 questions) with Yes / No / Unknown / Not Applicable answer choices covering structure, systems, water, septic, and environmental items. It is a practical tool to help sellers comply with RSA 477:4-d and 477:4-a, but it is still not a warranty. Using the NHAR form does not relieve a seller of liability for knowingly false answers.
The agent's disclosure duty — RSA 331-A:25-b
The seller's duty (above) is different from the licensee's duty. Under RSA 331-A:25-b, an agent must disclose to a prospective buyer any material physical, regulatory, mechanical, or onsite environmental condition of which the licensee has actual knowledge.
| Material fact category | Typical examples |
|---|---|
| Physical | Foundation cracks, active roof leak, chronic wet basement |
| Regulatory | Open zoning or building-code violation, unpermitted addition |
| Mechanical | Failed furnace, non-working well pump |
| Onsite environmental | Known oil-tank leak, documented flooding, failed septic |
No affirmative duty to investigate
This is heavily tested. The agent must disclose what they actually know or what is manifestly obvious, but New Hampshire imposes no affirmative duty to inspect, test, or commission reports to hunt for hidden defects.
| Agents MUST | Agents need NOT |
|---|---|
| Disclose known material defects | Order or pay for inspections |
| Answer direct questions honestly | Investigate for undiscovered defects |
| Treat all parties honestly and fairly | Guarantee the property's condition |
Worked scenario: An agent sees an obvious sagging ridgeline and the seller mentions "the roof leaks in storms." The agent must disclose both. But the agent need not crawl the attic or hire an engineer to confirm the cause.
Federal lead-based paint disclosure
For housing built before 1978, the federal Residential Lead-Based Paint Hazard Reduction Act applies on top of any state rule:
| Requirement | Detail |
|---|---|
| EPA pamphlet | Provide "Protect Your Family From Lead in Your Home" |
| Known hazards | Disclose any known lead-based paint or hazards |
| Existing records | Provide any reports/records the seller has |
| Lead Warning Statement | Include the statement and signatures in the contract |
| Inspection opportunity | Offer the buyer a 10-day period to test (buyer may waive) |
Exam trap: Lead-based paint disclosure is federal and applies regardless of New Hampshire law. The cutoff is the year 1978, not the home's sale date.
Stigmatized property
New Hampshire generally treats deaths, suicides, crimes, and alleged paranormal activity as facts that are not material physical defects, so they need not be volunteered. However, if a buyer directly asks and the agent knows the answer, the agent must respond honestly rather than lie or evade.
| Not required to volunteer | Reason |
|---|---|
| Death or suicide on site | "Psychologically impacted" property, not a physical defect |
| Past crime at the property | Not a material physical condition |
| Alleged hauntings | Not a verifiable material fact |
The duty to answer direct questions honestly never disappears, even for non-material stigmas.
Under New Hampshire law, which statute requires the seller to provide notification about radon, arsenic, lead, and PFAS before a contract is executed?
What does RSA 331-A:25-b require of a New Hampshire real estate licensee regarding property defects?
A buyer is considering a 1965 home. Which disclosure is required by federal law because of the home's age?
Which statement about New Hampshire seller disclosure forms is correct?