What’s on the New Hampshire Seller Disclosure Form?
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Joseph Gordon EditorJoseph Gordon is an Editor with HomeLight. He has several years of experience reporting on the commercial real estate and insurance industries.
You know your New Hampshire home better than anyone, including its flaws. If you’re making plans to sell, you may be wondering how much you need to reveal on the New Hampshire seller disclosure form, officially known as the Property Disclosure Statement.
This form provides potential buyers with a better picture of your property’s condition and history, enabling them to make a more informed decision. Additionally, it can also protect you from potential legal hiccups.
In this post, we’ll tell you what to expect, how much detail to provide, and what could go wrong if you leave something out. We’ll also provide a downloadable Disclosure Litmus Test to help you identify any red flags.
What is the New Hampshire seller disclosure form?
The New Hampshire seller disclosure form, or Property Disclosure Statement, is a document developed by the New Hampshire Association of Realtors. It’s designed to help you disclose any known issues or facts about your home that could impact its value or a buyer’s decision to proceed with the sale.
New Hampshire law requires sellers to disclose all material facts — in other words, anything that could impact the buyer’s use or enjoyment of the property. The Property Disclosure Statement form acts as a guide to help you do this thoroughly. It covers everything from structural issues and past repairs to neighborhood conditions and HOA rules.
Note: Even if you’re selling a home “as is” in New Hampshire, you’re still required to be truthful and transparent about what you know.
What’s included in the New Hampshire seller disclosure form?
Below is a section-by-section summary of the kinds of things you’ll be asked to disclose when selling a home in New Hampshire. This quick overview can help you know what to expect, so you can be prepared and ready. However, please note that your actual form may vary.
Water supply
Type of system (public, private, drilled well, dug well, seasonal, other)
Installation details (location, installer, installation date, source of information)
Current use (number of users, shared use)
Known malfunctions (pump, quantity, quality)
Water testing history and results, including any unsatisfactory findings and corrective actions
Sewage disposal system
Type of system (public, community/shared, private, septic, holding tank, cesspool)
Septic design availability
Past problems with public or shared systems
Private system details (tank type, size, material, location, installation and service dates, malfunctions)
Leach field presence, location, size, installation date, installer, and any issues
Whether the system sits on developed waterfront and whether a site assessment has been completed
Insulation
Presence of insulation in attic, walls, floors, crawl space, and other areas
Type and amount (if known)
Hazardous materials
Underground storage tanks (current or past), including materials stored, age, size, location, leaks, and removal status
Asbestos in pipes, ducts, siding, roofing, flooring, or other areas
Radon in air (testing dates, results, mitigation steps, follow-up testing)
Radon in water (testing dates, results, mitigation steps, follow-up testing)
Lead-based paint presence and condition
Any other hazardous materials on the property
General information
Liens, encroachments, easements, rights-of-way, leases, covenants, attachments, or right of first refusal
Special assessments, betterment fees, association fees, or other transferable fees
Onsite landfills, soil issues, flooding, drainage concerns
Problems with outbuildings or other structures
Tax exemptions
Current Use designation
Flood zone status
Hot water system details (age, type, tank size)
Electrical system details (amperage, circuit breakers/fuses)
Modifications or repairs completed without required permits
Pest infestations (current or past)
Knowledge of methamphetamine production on the property
Other systems or features (e.g., alarm systems, irrigation systems)
Other conditions and factors
This is an open-ended section where you can disclose anything not already covered that might affect the home’s value or a buyer’s decision, such as past insurance claims, neighbor disputes, or unusual property quirks.
Additional explanations
This is a freeform space to clarify any earlier answers or provide details that didn’t fit elsewhere. If you marked “yes” to something earlier in the form, this is your opportunity to provide a detailed explanation.
Download and print our Disclosure Litmus Test
Use this link to download a printable checklist (62KB) to prepare for completing the New Hampshire seller disclosure form. The questions on this Seller Disclosure Litmus Test reflect the types of details and issues you may need to reveal about your home — and what buyers expect to know.
Check off anything that applies to your New Hampshire property. If you’re unsure about something, make a note to ask your real estate agent or investigate further. The goal is to help you think through what needs to be documented and disclosed during the sale process.
What is not required to be disclosed? New Hampshire law does not require you to disclose if someone died in the home, if a previous occupant had a communicable disease, or if a sex offender lives nearby. You’re also not obligated to disclose neighborhood rumors, the presence of supposed paranormal activity, or personal reasons for selling, unless you are directly asked and your answer could be misleading.
Common mistakes sellers make on the disclosure form
Here are some of the most common missteps sellers make when filling out the New Hampshire Property Disclosure Statement:
- Checking “yes” without providing an explanation: If you check a yes box that includes an “Explain” line, not providing the details could stall your home sale.
- Guessing instead of explaining: If you’re not sure about something, don’t make assumptions — just state that you don’t know or elaborate.
- Failing to attach supporting documents: Inspection reports, permits, repair invoices, and warranties help verify your disclosures.
- Not disclosing repaired issues: Even if you’ve fixed a problem listed on the form, like a roof leak or plumbing issue, it still needs to be reported.
- Minimizing or softening the truth: Downplaying a defect can open you up to legal risk if the buyer later discovers the issue was worse than you described.
What if you fail to disclose something important?
If you fail to disclose a known material fact about your Granite State home, the buyer may have grounds to cancel the contract or sue you after the sale. In some cases, nondisclosure can be treated as fraud under New Hampshire law, especially if the omission appears intentional. Being upfront now helps prevent bigger headaches later.
Real-life example of disclosure gone wrong: One notable seller disclosure lawsuit in the southwest involved termite damage to a hardwood floor in the home’s living room. The sellers used their daughter’s hope chest to hide the unreported damage. The buyers successfully sued the sellers for fraud. In a similar case, the buyer outright asked the seller if termites caused visible floor damage, and the homeowner answered “no.”
When and how buyers review the disclosure
Under New Hampshire’s standard purchase contract, you’re expected to provide a completed Property Disclosure Statement within a few days of contract acceptance. The buyer then has a set review period, usually 10 to 14 days, to examine the form and decide whether to move forward, request repairs, or cancel the deal.
Partner with a top New Hampshire agent to protect your sale
Disclosing your home’s condition is one of the most important — and legally sensitive — parts of the selling process in New Hampshire. A top local agent can help you understand what’s required, avoid common pitfalls, and provide expert guidance so you can complete the Property Disclosure Statement accurately and confidently.
Unsure where to start? HomeLight’s free Agent Match platform connects you with trusted real estate agents in your New Hampshire market. We analyze over 27 million transactions and thousands of reviews to determine which agent is best for you based on your goals and selling timeline.
See the top real estate agents in 10 New Hampshire markets:
- Top real estate agents in Manchester
- Top real estate agents in Nashua
- Top real estate agents in Concord
- Top real estate agents in Derry
- Top real estate agents in Merrimack
- Top real estate agents in Hudson
- Top real estate agents in Keene
- Top real estate agents in Portsmouth
- Top real estate agents in Goffstown
- Top real estate agents in Laconia
If you’re buying and selling at the same time, check out HomeLight’s Buy Before You Sell program, which can streamline the entire process so you only move once. Watch this short video to see how it works.
Header Image Source: (Roger Starnes Sr/ Unsplash)