New Hampshire Real Estate Purchase Agreement

A New Hampshire residential real estate purchase agreement (“Contract for Sale and Purchase of Real Estate”) is a contract which commits a buyer to an offer to purchase real estate, according to specific terms agreed by the buyer and seller. Negotiated specifics include the purchase price, financing method, closing date, and more.

Do Sellers in New Hampshire Have To Disclose Property Defects?

New Hampshire does not require real estate sellers to disclose material defects in a property. A number of disclosures are required by law, regarding things like hazardous materials and the sewage disposal system. These disclosures normally get made through a standardized form, but any method which conveys the necessary written information may be valid.

The seller may not have an affirmative duty to disclose items which can be revealed by a diligent inspection of the property, but the seller still must be honest in answering the buyer’s questions. New Hampshire does not allow a seller to fraudulently conceal issues with a property.

Required Seller Disclosures in New Hampshire

• Seller Property Disclosure Form: Informs prospective buyers of required details regarding the property’s sewage disposal system, water supply system, and other qualities of the home.
• Asbestos Disposal Site: Only necessary when the property being transferred was used as an asbestos disposal site. If applicable, the seller must disclose various details regarding the contamination to the buyer and also submit a notice to the commissioner’s office.
• Condominium or Other Homeowner Organization: Sellers of a qualifying unit must provide a notice conveying that the dwelling falls under the regulations of a homeowners’ association.
• Lead-Based Paint Disclosure: Any home constructed earlier than 1978 must come with a disclosure upon the transfer of the property which includes any information about the presence of lead on the premises, as well as educational materials that communicate the health risks associated with lead exposure.
• Public Utility Tariff: When a property is subject to a public utility tariff for the financing or amortization of energy efficiency or renewable energy improvements, sellers must provide the buyer with details including any charges that may occur as a result.
• Radon, Arsenic, Lead: The statements linked within the heading of this disclosure must be presented to the purchaser before executing a contract for sale. The purchaser must then acknowledge that they have received this information by signing the document.
• Methamphetamine Production: Sellers must disclose whether or not the property ever facilitated the production of methamphetamine, and if so, whether there were proper remediation procedures.
• Waterfront Property: Applicable only to waterfront properties using a septic disposal system, this notice reports the legally required site assessment study to ensure that the property fits the requirements established by the state of New Hampshire.

Frequently Asked Questions

How Do You Write a Real Estate Contract in New Hampshire? To write a real estate contract in New Hampshire, you will need to identify and document the terms and conditions of the sale. The contract should also include the names of each party and the legal property address. You can download a customizable template or write your own. Read more » How Can You Get Out of a Real Estate Contract in New Hampshire? You can get out of a real estate contract in New Hampshire during several stages of the buying process. First, the offer must be accepted to make it binding. If the seller rejects the offer, the buyer can make a counter-offer or leave the deal. Read more » What Is the Effective Date of a Real Estate Contract in New Hampshire? In New Hampshire, the effective date of a real estate contract is the date the buyer and seller agree to the terms of the contract and have it executed. All contract obligations are binding and enforceable on the effective date. Read more » Can a Seller Cancel a Real Estate Contract in New Hampshire? In New Hampshire, a seller can get out of a real estate contract if the buyer’s contingencies are not met—these include financial, appraisal, inspection, insurance, or home sale contingencies agreed to in the contract. Sellers might have additional exit opportunities with unique situations also such as an estate sale. Read more » How Do I Fill Out a Real Estate Contract in New Hampshire? To fill out a real estate contract in New Hampshire, first, download our customizable New Hampshire real estate contract template. Filling out the template is fairly straightforward, complete the information for each party, including the names, party type, and address along with the terms and conditions of the deal. Read more »