New Hampshire Residential Real Estate Purchase and Sale Agreement

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Updated May 20, 2022

A New Hampshire residential real estate purchase and sale agreement is a contract between a property seller and a potential buyer. The individual intending to purchase the property will present the conditions of their offer to the seller, including any deposit that they are prepared to make, how they plan on financing the purchase, and how long their offer will remain open. The property seller may refuse, accept, or negotiate the offer up until its closing date. As soon as both parties have signed the agreement, the contract will be legally binding.

Table of Contents

Buyer Beware

New Hampshire is, at large, a “buyer beware” state. Sellers are only legally required to disclose information about the residence’s water supply system, private sewage disposal system, insulation, and the possible presence of certain toxic materials. Any defects that are discovered after the property has been transferred from the previous owner are the buyer’s responsibility. (§ 477:4-d)

Realtor Version

New Hampshire Association of Realtors – Adobe PDF

Required Disclosures

Lead-Based Paint Disclosure – If a residence was built prior to 1978, federal law mandates that the seller must give potential buyers a disclosure statement that describes their knowledge regarding the presence of lead-based paint on the property (if any).

Seller’s Property Disclosure Statement (§ 477:4-d)– The seller is required to attach the property disclosure statement to the purchase agreement and inform the buyer of the following:

  • Water Supply – Information relative to the type of private water supply system, its location, malfunctions, date of installation, date of most recent water test, and whether or not the seller has experienced a problem such as an unsatisfactory water test or a water test with notations;
  • Sewage – Information relative to the private sewage disposal system including its location, malfunctions, the date it was most recently serviced and the name of the contractor who services the system; and
  • Insulation – Information relative to the insulation, including type and location.

Commercial Property

Commercial Purchase AgreementUse this agreement as a legal contract to purchase or sell commercial property.

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(Video) New Hampshire Residential Purchase Agreements Explained