NH Seller Disclosure Requirements (2026)

New Hampshire seller disclosure requirements are short but mandatory: a written disclosure of the private water supply, sewage system, insulation and flood-zone status (RSA 477:4-c and 477:4-d), a signed hazard notification covering radon, arsenic, lead, PFAS and flooding (RSA 477:4-a), and federal lead-paint disclosure for homes built before 1978.

Beyond that list, New Hampshire is a limited-disclosure state, sometimes called "buyer beware": no statute makes you volunteer every defect you know about. That is a half-truth that gets sellers in trouble, though. The statutory list grew in 2024 and 2025, a handful of narrower statutes cover condos, meth labs, energy-financing tariffs and waterfront septic systems, and misrepresentation law applies to every answer you give. This guide covers all of it. One note up front: we are a brokerage, not a law firm, and disclosure disputes are legal disputes, so confirm anything unusual with your closing attorney.

In this guide

Is New Hampshire a disclosure state?
The NH seller disclosure checklist, statute by statute
Water, septic and insulation: RSA 477:4-c and 4-d
The flood zone disclosure (HB 1320, 2024)
The RSA 477:4-a notification: radon, arsenic, lead, PFAS, flood
Condos, meth, energy tariffs and waterfront septic
What you do not have to disclose
Federal lead paint disclosure (pre-1978)
The NHAR property disclosure form
Why honest over-disclosure protects sellers
Mountain and lake property wrinkles
Frequently asked questions

Key takeaways

RSA 477:4-d requires sellers of one- to four-family homes to disclose, in writing and before or during preparation of an offer, the private water system, private sewage system, insulation, and whether the property is in a federally designated flood hazard zone. RSA 477:4-c separately requires water and sewage disclosure before any purchase and sale contract for property with a building.
RSA 477:4-a requires a notification about radon, arsenic, lead, PFAS and flood risk, signed by the buyer, before the purchase and sale agreement is executed. PFAS was added by HB 398 and the flood paragraph by HB 1320, both effective January 1, 2025.
The flood-zone line in RSA 477:4-d, also from HB 1320, took effect when it was signed on July 19, 2024.
Federal law (42 U.S.C. § 4852d) adds lead-paint disclosure, the EPA pamphlet and a 10-day inspection opportunity for homes built before 1978.
"Unknown" is a legal written answer for water, sewage and insulation. A false answer, or active concealment, can support a misrepresentation claim even in a buyer-beware state.

Is New Hampshire a disclosure state?

Partly. Most states hand sellers a long statutory questionnaire covering everything from the roof to the neighbors. New Hampshire took a different path: a short list of mandatory written disclosures and one mandatory notification, layered over the common-law rule of caveat emptor. In practice three things are true at once:

You must disclose specific systems in writing: private water, sewage, insulation and flood-zone status (RSA 477:4-c and 477:4-d).
You must give the buyer the statutory hazard notification covering radon, arsenic, lead, PFAS and flood before the purchase and sale agreement (the P&S, the binding contract) is signed, and the buyer signs a copy to acknowledge it (RSA 477:4-a).
For everything else, you are not required to volunteer, but you may never lie, actively conceal a defect, or give a half-true answer that misleads. Misrepresentation and fraud claims do not care that New Hampshire is a buyer-beware state.

If you are early in the process, our complete guide for New Hampshire home sellers shows where disclosures fall in the overall timeline, and our pillar guide to selling a house in New Hampshire puts them in context with pricing, marketing and closing.

The NH seller disclosure checklist, statute by statute

Here is the whole obligation in one table: every item, the law behind it, what you hand over, and when. Check each row before your listing goes live. Statute text is current as of September 2026.

Requirement	Authority	What you must provide	When
Water supply and sewage disclosure	RSA 477:4-c (any property with a building)	Private water system type, location, malfunctions, installation date, most recent water test and any bad test; sewage system tank size, type, location, malfunctions, age, last service date and servicing contractor. Unknown items stated as unknown, in writing. Buyer signs a copy.	Before the P&S is executed
Water, sewage, insulation and flood zone disclosure	RSA 477:4-d (one- to four-family dwellings); flood line added by HB 1320, effective July 19, 2024	Private water and sewage details, insulation type and location, and whether the property is in a federally designated flood hazard zone. Unavailable water, sewage or insulation information stated in writing. Buyer signs a copy.	Before or during preparation of an offer
Radon, arsenic, lead, PFAS and flood notification	RSA 477:4-a (any property with a building); PFAS added by HB 398 and flood by HB 1320, both effective January 1, 2025	The statutory notification text, word for word, signed by the buyer	Before the P&S is executed
Condominium resale notice	RSA 477:4-f	Written notice that the buyer may obtain the declaration, bylaws, rules, fees and special assessments from the last 3 years from the association (RSA 356-B:58). Buyer signs a copy.	Before or during preparation of an offer
Methamphetamine production	RSA 477:4-g	Written disclosure if you know meth was produced on the property and it has not been certified as meeting cleanup standards	Before signing the agreement
Energy-efficiency utility tariff	RSA 477:4-h	Written disclosure of any known utility charges financing energy-efficiency or renewable improvements under RSA 374:61, with remaining term and amount if known	Before or during preparation of an offer
Waterfront septic evaluation	RSA 485-A:39 (septic within 250 feet of the shoreline reference line)	The buyer must commission a licensed septic evaluation, or may accept the seller's if completed within 180 days of transfer	Before the transfer
Lead-based paint disclosure	42 U.S.C. § 4852d; 40 CFR 745 Subpart F; 24 CFR 35 Subpart A (homes built before 1978)	Known lead paint and hazards, any reports, the EPA pamphlet, a lead warning statement in the contract, and a 10-day inspection opportunity	Before the buyer is obligated under the contract
NHAR property disclosure form	Customary practice, not statute	Full condition questionnaire: roof, structure, systems, water, septic, hazards	Typically with the listing, before offers
No misrepresentation or concealment	NH common law	Honest answers to direct questions; no half-truths, no hiding evidence of defects	Always

What RSA 477:4-c and 4-d require: water, septic and insulation

Two overlapping statutes cover the systems buyers cannot see. They differ in scope and timing, and a careful seller satisfies both with one written disclosure delivered before offers are written.

RSA 477:4-c applies to any real property that includes a building, commercial included, and must be met before the P&S is executed.
RSA 477:4-d applies to property used or proposed for a one- to four-family dwelling, and must be met before or during preparation of an offer. It is the only one that covers insulation and flood-zone status.

The private water supply

Both statutes require the type of private water system, its location, malfunctions, date of installation, the date of the most recent water test, and whether you have had a problem such as an unsatisfactory test or a test with notations. Around Campton, Thornton and most of the Lakes Region that means a drilled or dug well. Town water is common in village centers; nearly everything else up here is on a well, so this section does real work in our market.

The sewage disposal system

RSA 477:4-c asks for the size of the tank, the type of system, its location, malfunctions, the age of the system, the date it was most recently serviced and the name of the contractor who services it. RSA 477:4-d asks for a shorter list for private systems: location, malfunctions, last service date and contractor. Pull your pumping receipts before you list.

Insulation

RSA 477:4-d requires the type and location of insulation. For a 1970s cape that may be as simple as "fiberglass batts in attic and exterior walls; basement uninsulated."

"Unknown" is a legal answer

Both statutes say the same thing: if you do not have the information, say so in writing. "Unknown" is acceptable; a guess presented as fact is not. A seller who inherited a house and genuinely does not know when the septic was last pumped is far better off writing "unknown" than inventing a date. Inherited sales raise their own questions, which our guide to selling an inherited house in New Hampshire covers.

Aerial view of Owl's Nest Resort in fall — golf fairways, Lake Harold, the clubhouse and homes with the White Mountains beyond — Most homes in the mountains and around the lakes run on private wells and septic systems — exactly the systems New Hampshire law requires sellers to disclose in writing.

The flood zone disclosure: what HB 1320 changed in 2024

HB 1320, signed July 19, 2024, did two things. First, it added a fourth item to RSA 477:4-d: sellers of one- to four-family homes must disclose in writing whether the property is in a federally designated flood hazard zone. That line took effect the day it was signed. Second, it added a "Flood" paragraph to the RSA 477:4-a notification, effective January 1, 2025.

The two work differently. The 477:4-d item is property-specific: is this parcel in a FEMA special flood hazard area or not? The 477:4-a paragraph is general: it warns that properties near coasts and waterways may face rising flood risk, that a standard homeowners policy typically does not cover flood damage, and that the buyer should check FEMA's flood maps and whether flood insurance is required.

To answer the 477:4-d question, look the address up on the FEMA Flood Map Service Center and keep a printout with your disclosure file. A Zone A or AE designation means a lender will require flood insurance, which affects what a buyer can pay. If your home sits near the Pemigewasset, Baker or Mad River, or low along a lakeshore, check before you list, not after an offer arrives.

The RSA 477:4-a notification: radon, arsenic, lead, PFAS and flood

RSA 477:4-a requires the seller or the seller's agent to give the buyer a fixed block of statutory text before the P&S is executed, and the buyer acknowledges it by signing a copy. It applies to any real property that includes a building. The notification now has five paragraphs:

Radon: found in some areas of the state, entering through the ground or through water from a deep well; testing and removal equipment are available.
Arsenic: a common groundwater contaminant that occurs at unhealthy levels in well water in many areas; it points buyers to NH DES private well testing recommendations.
Lead: paint containing lead may have been used before 1978, and lead can also come from service lines, plumbing and fixtures.
PFAS: per- and polyfluoroalkyl substances have been detected above federal or state advisories in wells throughout New Hampshire, more often in the southern part of the state. Added by HB 398, signed July 3, 2024, effective January 1, 2025.
Flood: the general flood-risk and flood-insurance warning described above. Added by HB 1320, effective January 1, 2025.

These paragraphs are educational: they tell the buyer the hazards exist in New Hampshire and that testing is available. They do not require you to test. The statute also says a missed notification does not affect the validity of title or, by itself, create liability for the seller or agent. That is no reason to skip it. It is a signed item on every standard P&S checklist, and a missing signature is a delay at closing.

A number of online guides still describe the pre-2025 list with only radon, arsenic and lead. If you are selling with paperwork copied from an old template or a for-sale-by-owner kit, check that the PFAS and flood paragraphs are in it. The compliance side is one of several reasons we caution people reading up on selling a house by owner in New Hampshire; our sellers page outlines how we handle the paperwork.

Condos, meth, energy tariffs and waterfront septic

Four narrower rules apply only to some properties, and most competing guides skip at least two of them.

Condominium units (RSA 477:4-f)

Before or during preparation of an offer, a condo seller must give written notice that the buyer has the right to obtain, from the unit owners' association, the declaration, bylaws, rules, monthly and annual fees, and any special assessments from the last three years under RSA 356-B:58. The buyer signs the notice. In resort communities, request the resale package from the association when you list.

Methamphetamine production (RSA 477:4-g)

If you know methamphetamine was produced on the property and it has not been determined to meet NH DES remediation standards, you must disclose that in writing before signing a sale, lease or rental agreement.

Energy-efficiency tariffs (RSA 477:4-h)

If a utility bill at the property carries ongoing charges repaying energy-efficiency or renewable improvements under a tariff authorized by RSA 374:61, you must disclose it in writing, with the remaining term and amount if known.

Waterfront septic systems (RSA 485-A:39)

On developed waterfront property where any part of the septic system is within 250 feet of the shoreline reference line, the buyer must hire a licensed septic system evaluator before the transfer. The buyer may accept an evaluation done for the seller within 180 days of transfer. If the system has no state approval, or was approved before September 1, 1989, a permitted designer must also check it against the seasonal high water table. A failed system must be replaced within 180 days of transfer. The duty falls on the buyer, but a seller who orders the evaluation early learns the answer before it becomes a negotiating point.

What you do not have to disclose in New Hampshire

RSA 477:4-e says a seller or agent is not required to disclose that the property was the site of a homicide, other felony, or suicide, unless the buyer asks and the seller or agent knows. If the buyer asks, answer truthfully; the statute bars any lawsuit over a disclosure made at the buyer's request. Buyer and seller can also negotiate their own disclosure terms on these topics in the contract.

No New Hampshire statute requires sellers to disclose nearby registered sex offenders; the state registry is public for buyers to check. And no statute requires a full condition report, which is where the customary NHAR form comes in.

Federal lead paint disclosure for homes built before 1978

Federal law, the Residential Lead-Based Paint Hazard Reduction Act at 42 U.S.C. § 4852d with EPA and HUD rules at 40 CFR 745 Subpart F and 24 CFR 35 Subpart A, requires sellers of housing built before 1978 to:

Disclose any known lead-based paint and lead-based paint hazards.
Hand over all available records and reports on lead in the home.
Give the buyer the EPA pamphlet Protect Your Family From Lead in Your Home.
Include the lead warning statement and signed acknowledgments in the contract.
Allow a 10-day opportunity for a lead inspection or risk assessment. The parties can change the period in writing, and the buyer can waive it.
Keep signed copies of the disclosure for three years after the sale.

Exemptions include foreclosure sales, zero-bedroom units and homes certified lead-free by an inspector (EPA). A seller who knowingly violates the rule can be liable to the buyer for three times the damages, on top of federal civil penalties. Village farmhouses and older lake camps make up a large share of the pre-1978 housing we see, so this applies to a lot of sales here.

The NHAR disclosure form: not required by statute, but customary

Beyond the statutory items, New Hampshire law does not mandate a comprehensive disclosure form. In practice, nearly every listed home in the state comes with one: the New Hampshire Association of REALTORS property disclosure form, which walks through the roof, foundation, heating and electrical systems, water and septic, hazardous materials and more, and includes the statutory items. Buyers expect it, buyers' agents ask for it, and a listing without one invites suspicion.

Two rules make the form work for you. First, answer what you actually know, and write "unknown" where you genuinely do not. Second, the form is a floor, not a ceiling: if you know something material that it does not squarely ask about, tell your agent and put it in writing anyway. Selling as-is does not change any of this; an as-is clause limits repairs, not disclosure duties. Our guide to selling your house fast in New Hampshire covers as-is sales.

Why honest over-disclosure protects sellers

The legal risk in a New Hampshire sale rarely comes from the statute. It comes from misrepresentation claims. A buyer who finds a chronic problem after closing, and can show the seller knew and concealed it or answered a direct question falsely, has a claim regardless of caveat emptor. A buyer who was told about the problem in writing before signing does not. Disclosure turns a future lawsuit into a present negotiation, and present negotiations are almost always cheaper.

Spring snowmelt is the classic test. Plenty of solid mountain houses take on a damp basement corner during a fast melt, and buyers here understand ledge and runoff. A seller who writes "seasonal dampness in the northeast corner during snowmelt; sump installed" gets that priced once, calmly. A seller who runs a dehumidifier for the photos and says nothing risks a claim when the buyer sees the water the next spring.

A disclosed defect is priced once, up front. An undisclosed one gets found by the buyer's inspector two weeks before closing, at maximum leverage, and gets priced twice: once in the repair credit and once in the buyer's confidence. Our Ready-to-Sell Program gets ahead of that: it can include a complimentary pre-listing inspection and up to $2,500 in approved prep costs advanced and reimbursed at closing, so you learn what an inspector will find before buyers do. Knowing what your home is worth with those items priced in is the other half.

Modern New Hampshire home exterior with a clean driveway and landscaping on a clear day — A pre-listing inspection plus honest disclosure turns surprises into line items — and protects the seller long after closing.

How disclosures play out on mountain and lake properties

Waterville Valley, the Pemi Valley, the White Mountains and the Lakes Region add disclosure questions a suburban guide never mentions.

Wells and water quality

Private wells dominate here, and the state's bedrock geology means naturally occurring radon and arsenic in well water are common. A recent lab test is the cheapest credibility you can buy: it answers the statutory water-test question with data instead of memory, and it puts numbers behind the radon, arsenic and PFAS paragraphs the buyer is about to sign.

Septic capacity versus bedroom count

New Hampshire septic systems are designed and state-approved for a specific number of bedrooms. If a "three-bedroom" camp has an approval for two, which happens with older lake properties that grew a bunk room over the decades, raise it in the disclosure conversation, because the buyer's lender and inspector will find it. Know the system's age, approved capacity and service history before you list, and on the water, plan for the RSA 485-A:39 evaluation.

Seasonal and private road access

Many desirable properties sit on private roads, or on town roads not maintained in winter. Road maintenance agreements, plowing arrangements and seasonal access limits are material facts an out-of-state buyer cannot see in July, so disclose them plainly. Lenders often ask for a written private road maintenance agreement before closing, so surfacing the road situation early protects your own transaction.

Association documents in resort communities

In condominium and resort communities, Waterville Valley and Owl's Nest Resort among them, the RSA 477:4-f notice is only the start. Buyers' attorneys will read the budget, reserves, pending special assessments and rental rules, and a surprise assessment found late kills more resort-condo deals than any inspection finding. Gather the documents when you list, not when you are under contract.

Current use land

Larger parcels around Campton, Thornton and up the valleys are often enrolled in current use under RSA 79-A, which taxes land at its undeveloped value in exchange for keeping it open. Taking land out of current use triggers a Land Use Change Tax of 10% of the land's full market value at the time of the change. It is not a statutory disclosure item, but it is material: a buyer planning a garage on the back acreage should hear about it from you, in writing, before the P&S. Our guide to selling land in New Hampshire goes deeper.

Shoreland restrictions

Waterfront properties fall under the Shoreland Water Quality Protection Act (RSA 483-B), which limits cutting, construction and impervious surfaces near the water. Buyers planning a bigger deck or a cleared view should hear about those limits from you, not from the town after closing. Our guide to selling a lake house or second home in NH covers the rest of the waterfront playbook.

Frequently asked questions

Is New Hampshire a full disclosure state?

No. New Hampshire is a limited-disclosure, buyer-beware state. State law still requires written disclosure of the private water supply, sewage system, insulation and flood-zone status (RSA 477:4-c and 477:4-d), plus a signed notification about radon, arsenic, lead, PFAS and flood risk (RSA 477:4-a). Sellers also remain liable for misrepresentation or concealment on anything else.

What is a seller legally required to disclose in New Hampshire?

Written disclosure of the private water system, sewage system, insulation and whether the home is in a federally designated flood hazard zone; the RSA 477:4-a notification on radon, arsenic, lead, PFAS and flood; federal lead-paint disclosure for homes built before 1978; and, where they apply, the condo notice, known meth production, and energy-efficiency tariff charges. Everything else must be answered honestly if asked.

What are the new disclosure rules in New Hampshire?

Two 2024 laws. HB 1320, signed July 19, 2024, added a written flood hazard zone disclosure to RSA 477:4-d, effective immediately, and a flood paragraph to the RSA 477:4-a notification, effective January 1, 2025. HB 398, signed July 3, 2024, added a PFAS paragraph to that notification, also effective January 1, 2025. Older forms and FSBO kits may be missing all three.

Do sellers have to disclose a leaky basement in NH?

No statute names basements. But the NHAR form asks about water in the basement, and if you answer it or a buyer's question falsely, or hide the evidence, you are exposed to a misrepresentation claim. Disclose it, price it and move on. A known moisture issue negotiated up front costs far less than a dispute after closing.

Does a seller have to disclose a death in the house in New Hampshire?

Not unless the buyer asks. RSA 477:4-e says a seller or agent does not have to disclose that the property was the site of a homicide, other felony or suicide unless the buyer requests that information and the seller or agent knows it. If asked, answer truthfully. The statute protects a seller from being sued for a disclosure made at the buyer's request.

What happens if a seller doesn't disclose a problem?

If the problem falls under a statutory item, you have a compliance problem that can delay or derail closing. Beyond that, a buyer who can show you knew about a material defect and concealed it or lied about it can pursue misrepresentation or fraud claims after closing, potentially for repair costs, damages or rescission. For pre-1978 homes, knowing lead-paint violations carry triple damages under federal law.

Is a seller disclosure form required by law in New Hampshire?

The comprehensive form is not required by statute; only the specific written disclosures and notifications in RSA 477 are. But the NHAR property disclosure form is customary on nearly every listed sale, buyers expect it, and completing it honestly is the best liability protection a seller has. It also covers the statutory water, sewage, insulation and flood items in one document.

Sell with nothing to hide, and everything priced right

Disclosure is where honesty and strategy point the same way, and it works best when it starts before the sign goes in the yard. We build each listing's disclosure package against the current statutes, including the 2024 and 2025 additions, and our Ready-to-Sell Program can put a pre-listing inspection in your hands first. Start with a free professional home valuation, review what recent sellers walked away with on our sold listings, or talk with our team about your property. If you are budgeting the whole transaction, our guide to how much closing costs are in New Hampshire covers the rest, including the transfer tax.

This guide is general information for New Hampshire home sellers, not legal advice. Statutes were checked in September 2026; rules change, so confirm the specifics of your situation with your closing attorney.

New Hampshire Seller Disclosure Requirements (2026): What You Must Tell Buyers