Blog · Buying

What does a seller have to disclose when selling a home in New Hampshire?

A historic colonial home in New Hampshire after a snowfall

Short answer

New Hampshire requires a set of specific disclosures rather than a full condition report. Before you sign, the seller or their agent must give you notices about radon, arsenic in well water, lead, PFAS and flood risk (RSA 477:4-a). For a 1 to 4 family home, the seller must also give details about a private well and septic system, insulation, whether the home is in a federal flood hazard zone, and whether there's a buried heating oil tank (RSA 477:4-d).

What are the RSA 477:4-a notices?

They are standard statements about radon, arsenic in well water, lead, PFAS and flood risk, and you sign to show you received them. They're general warnings, not test results: they tell you these are known issues in New Hampshire so you can decide what to test. The law says leaving them out doesn't make the seller or agent liable by itself, so don't count on them as your only check.

What must the seller tell you about the house itself?

  • Private water supply: the type and location of the well, any malfunctions, when it was installed, the date of the latest water test and any problems found.
  • Private septic system: the type and location, any malfunctions, the date it was last serviced and who serviced it.
  • Insulation: the type and where it is.
  • Flood zone: whether the home is in a federally designated flood hazard area.
  • Buried oil tank: whether there's an underground heating oil storage tank.

If the seller doesn't know something, the law asks them to say so in writing.

Are there other required disclosures?

What doesn't a seller have to disclose?

New Hampshire doesn't require a full statement of every defect, and a seller doesn't have to bring up a past death or felony on the property unless you ask and they know. Many sellers fill out a broader property disclosure form anyway, but the best protection is your own inspection, water test and questions. See home inspection, radon and arsenic.

Why does the lender care?

Flood zones, well and septic systems and buried oil tanks can each affect your loan: flood insurance may be required, some loans need water or septic tests, and insurers often ask about oil tanks. Share the disclosures with Tom early so there are no surprises. See flood zones and home heating in NH.

General information only, not tax or legal advice. Program availability, eligibility and terms vary by lender and are subject to change and to underwriting approval. Not a commitment to lend.

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