Seller disclosure requirements in New Hampshire

Is a disclosure form required by law?

Yes, but as a set of separate notices, not one form. The statute texts read for this article do not name an official state form. Each notice has to be given in writing and the buyer signs to acknowledge receipt. The legal duty comes from the individual sections below.

What the notices cover

Environmental notice (RSA 477:4-a). The statute sets the exact wording. It explains that radon and arsenic can occur in New Hampshire, that paint before 1978 may contain lead, that PFAS have been detected in wells around the state (more often in southern New Hampshire), and that coastal areas and waterways may flood. It points buyers to testing, to the state Department of Environmental Services well-testing recommendations, and to FEMA flood maps. The law was amended effective January 1, 2025.

Water and septic (RSA 477:4-c and 4-d). For a private well, the seller discloses the type of system, its location, malfunctions, installation date, the date of the most recent water test and whether any test was unsatisfactory. For a sewage system, the seller discloses the tank size and type, location, malfunctions, age, last service date and the name of the service contractor. If the seller does not know, the law says that fact must be stated in writing.

Other 1-to-4-family facts (RSA 477:4-d). The seller must also give written information on insulation (type and location), on whether the property sits in a federally designated flood hazard zone, and on any residential heating oil underground storage tank. The flood and tank items appear in the version of the statute with a 2026 amendment effective August 4, 2026. As of October 2026 that is the text in force.

Condominiums (RSA 477:4-f). The seller must tell the buyer in writing that the buyer may obtain the declaration, bylaws, rules, a statement of monthly and annual fees and any special assessments from the last 3 years, from the unit owners’ association.

Exemptions and limits

The statutes read apply to sales of property that “includes a building” (4-a, 4-c) or to a 1-to-4-family dwelling (4-d). These sections contain no list of exempt sellers. Ask an attorney if the property is unusual, such as an estate sale.

One topic is deliberately left out of the duty. Under RSA 477:4-e, an owner or agent does not have to volunteer that a property was the site of a homicide, other felony or suicide. They must answer if the buyer asks and they know. Disclosing that information at the buyer’s request creates no cause of action against the owner or agent.

What happens if a seller does not disclose?

The RSA 477:4-a text says it creates no liability for the seller or agent for failing to give the notification, and that it does not affect the validity of the title transferred. The other sections read state no penalty. Whether a buyer has another remedy, such as a claim for misrepresentation, is a question for an attorney and is not answered by these sections.

Federal lead-based paint rule (homes built before 1978)

Federal law adds its own duty for most housing built before 1978. According to the EPA, before a buyer signs a contract the seller and agent must:

• give the buyer the pamphlet Protect Your Family From Lead In Your Home;
• disclose known lead-based paint and hazards, and provide available records and reports;
• include a Lead Warning Statement in or attached to the contract;
• give the buyer a 10-day period to inspect for lead-based paint, which the parties may lengthen or shorten in writing, and which the buyer may waive.

Sellers must keep signed copies for three years. The EPA lists exceptions including foreclosure sales and housing built after 1977. A seller or agent who fails to comply may face penalties.

Practical steps

• Sellers: collect your well test results, septic service records and any lead or flood paperwork before you list.
• Buyers: read every notice, then use them to decide on a home inspection and water test.
• If you are buying in the Manchester area, see Manchester. For costs at the table, see closing costs in New Hampshire.