Sell in Manchester with Meydomo

Property Disclosure Form (Required Topics)

New Hampshire law (NH Rev. Stat. §477:4-d) requires sellers of residential property to disclose certain conditions of the property to buyers prior to or during preparation of a purchase contract. Specifically, New Hampshire law mandates written disclosure of: the water supply (source, malfunctions, quantity, quality issues), the private sewage disposal system (type, location, malfunctions), the insulation type and location, and any known hazardous waste on the property. These items are often referred to as the **Water, Septic, Insulation, Hazardous Waste** disclosures. In practice, sellers satisfy this by completing a multi-page Property Disclosure form covering these and other material defects. While NH doesn’t require a comprehensive form by statute beyond those items, it’s customary and expected. Additionally, sellers must inform buyers about any **lead paint** (federal law) and as of 2024 must provide a **flood risk notice** if the property is in a federally designated floodplain or has experienced flood damage (per a new law). New Hampshire is generally a caveat emptor state aside from these required disclosures, but sellers can be liable for misrepresentation if they conceal defects.

• N.H. Rev. Stat. §477:4-d:contentReference[oaicite:149]{index=149}
• 2024 N.H. Flood Disclosure Law

MLS Rules

New Hampshire properties typically list on NEREN (New England Real Estate Network MLS). A listing agreement is required. NEREN enforces Clear Cooperation for any public advertising. MLS rules require at least one photo on residential listings. New Hampshire agents nearly always attach the seller’s disclosure form to the MLS listing for other agents. Also, because of NH’s focus on water/septic, the MLS has fields for sewer (public vs private) and water (well vs public) and those must be filled accurately, consistent with the seller’s disclosure. If a seller chooses 'no representation' on some items (which NH allows), the MLS remarks may note "seller has not lived at property and makes no representation to X." But outright refusing to disclose water, septic, etc. would violate the law. MLS guidelines also caution agents not to include owner’s personal security measures or video surveillance details in public remarks for safety and privacy.

• NEREN MLS Rules

Lead-Based Paint Hazard Disclosure

Federal law (Residential Lead-Based Paint Hazard Reduction Act of 1992) requires sellers of homes built before 1978 to disclose any known lead-based paint or lead hazards and provide buyers with the EPA’s lead hazard information pamphlet. Buyers must also be given a 10-day opportunity to conduct a lead paint inspection or waive that right.

• 42 U.S.C. 4852d
• 24 CFR 35

Fair Housing Act (No Discriminatory Advertising)

Under the federal Fair Housing Act, sellers (and their agents) must not publish any advertisement for the listing that expresses a discriminatory preference based on protected classes (e.g. race, color, religion, sex, disability, familial status, or national origin). For example, statements such as 'no children' or other exclusions in home listings are unlawful.

• 42 U.S.C. §3604(c)