New Hampshire has no single mandatory "seller's disclosure statement" form comparable to states like California's TDS. Disclosure obligations are spread across several sections of RSA Chapter 477 (Conveyances of Realty), primarily: RSA 477:4-a (Notification Required; Radon, Arsenic, Lead, PFAS and Flood), RSA 477:4-c/477:4-d (Notification Required — private water supply, private sewage disposal system, insulation, and flood hazard zone status), RSA 477:4-e (History of Property — homicide/felony/suicide, disclosed only if buyer asks), and RSA 477:4-g (Notification re: methamphetamine production). Separately, real estate licensees (not sellers directly) have a disclosure duty for known material defects under RSA 331-A:25-b (Seller Agent; Duties) in the Real Estate Practice Act. In practice, New Hampshire REALTORS (NHAR) publishes a standard-form "Seller's Property Disclosure" used voluntarily/by custom in most transactions, but completing it is not itself mandated by statute for private (non-agent-represented, e.g. FSBO) sales — only the specific statutory notices above are legally required. — RSA Chapter 477 (Title XLVIII, Conveyances of Realty), specifically 477:4-a, 477:4-c, 477:4-d, 477:4-e, 477:4-g, 477:4-h; and RSA 331-A:25-b / 331-A:25-c (NH Real Estate Practice Act, seller/buyer agent duties).
New Hampshire is best described as a hybrid/limited-disclosure state rather than a pure "caveat emptor" jurisdiction — it does not use a single comprehensive seller disclosure form or a broad statutory duty to disclose all "material defects," but it does impose several specific, mandatory written notifications on sellers under RSA 477. Before a purchase-and-sale contract is signed on property with a building, the seller (or seller's agent) must give the buyer written notice about: (1) radon, arsenic, and lead paint risk (RSA 477:4-a, updated Jan. 1, 2025 to add PFAS and flood-zone language); (2) for 1-4 family dwellings, the private water supply system, private sewage disposal (septic) system, and insulation type/location (RSA 477:4-d); and (3) whether the property sits in a federally designated flood hazard zone (added by 2024's HB 1290/Chapter 236, effective July 19, 2024, as new subsections of 477:4-a and 477:4-d). Sellers must also disclose known methamphetamine production on the property (RSA 477:4-g) and, only if the buyer specifically asks, whether the property was the site of a homicide, other felony, or suicide (RSA 477:4-e — no duty to volunteer this). Separately, under the Real Estate Practice Act (RSA 331-A:25-b), a seller's real estate agent must disclose material physical, regulatory, mechanical, or on-site environmental conditions affecting the property but only those of which the agent has actual knowledge — the statute explicitly creates no duty for the agent to inspect or investigate. In practice, New Hampshire REALTORS (NHAR) provides a standard "Seller's Property Disclosure" form that most agent-assisted sales use to satisfy and consolidate these statutory notices, but there is no single "NH TDS"-style universal mandatory disclosure statement required by law for every sale (e.g., private FSBO sales without an agent are bound by the RSA 477 notice statutes but not by a specific form). Buyers must sign to acknowledge receipt of each required notice. Failure to give the radon/arsenic/lead notice does not itself invalidate title or automatically create seller/agent liability, per 477:4-a's own liability-limiting clause — reinforcing that NH's regime leans toward "buyer beware" outside these narrow, itemized categories, while still imposing real, enforceable notice duties within them.
Two significant, verified updates in the last two years: (1) Effective July 19, 2024, New Hampshire enacted "An Act relative to real property and flood risk disclosure" (2024 Chapter 236), amending RSA 477:4-a and RSA 477:4-d to require sellers to disclose whether a property lies in a federally designated flood hazard zone, alongside a reminder that standard homeowner's policies typically exclude flood damage and that buyers should consult FEMA flood maps. (2) Effective January 1, 2025, RSA 477:4-a was further amended (retitled "Notification Required; Radon, Arsenic, Lead, PFAS and Flood") to add mandatory notice language about PFAS ("forever chemicals") contamination in New Hampshire groundwater/wells, reflecting the state's ongoing PFAS contamination concerns, particularly in southern NH. Separately, in the 2026 legislative session, HB 1015 — which would have required sellers to disclose the presence of invasive Japanese knotweed on a property — was introduced but voted "Inexpedient to Legislate" (effectively killed) on March 11, 2026, so no knotweed disclosure requirement exists in NH law as of this writing. No changes have been made to the core "ask-only" property history rule (RSA 477:4-e) or to the agent material-defect standard (RSA 331-A:25-b) in this period.
Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.