FSBO New Hampshire Disclosure Requirements for Sellers
May 24 2026 , You’re ready to list your home yourself, but New Hampshire law forces you to hand over specific facts to any buyer. Missing a single required form can stall an escrow or expose you to a lawsuit. Below is the exact set of disclosures you must provide, where to get the paperwork, and how to stay compliant whether you go FSBO, flat‑fee MLS, or use Sellable’s listing desk.
What You Must Disclose , 40‑Word Summary
New Hampshire requires sellers to give buyers a Property Disclosure Statement, Lead‑Based Paint Notice (if built before 1978), Mold/Water Damage Addendum, Septic or Well Disclosure, and any known material defects. All forms must be signed, dated, and delivered before the buyer signs the contract.
Core Disclosure Forms You’ll Need
| Form | When Required | Where to Obtain | Key Deadline |
|---|---|---|---|
| NH Property Disclosure Statement (Form 100) | Every residential sale | New Hampshire Real Estate Commission (N.H. REC) website | Attach to buyer’s offer or within 3 days of acceptance |
| EPA Lead‑Based Paint Disclosure | Homes built < 1978 | EPA website or local health department | Must be given before the buyer inspects the property |
| Mold/Water Damage Addendum | If any water intrusion, mold, or flood history | N.H. REC or your title company’s forms library | Provide with the Property Disclosure Statement |
| Septic/Well Disclosure | If property uses on‑site sewage or water | County health department or N.H. REC | Include in the initial packet |
| Material Defect Statement | Any known structural, electrical, or HVAC issues | Draft yourself, sign, and date | Must be delivered before contract execution |
Verify each form’s latest version with the New Hampshire Real Estate Commission or your title company; forms can change annually.
Step‑by‑Step Checklist to Stay Compliant
- Gather Property Records , Pull building permits, past inspection reports, and utility bills.
- Complete the Property Disclosure Statement , Answer every question honestly; “N/A” only if the question truly does not apply.
- Check Construction Year , If the home was built before 1978, download the EPA Lead‑Based Paint pamphlet and attach the signed acknowledgment.
- Assess Water‑Related Issues , Document any past leaks, floods, or mold remediation; attach the Mold/Water Damage Addendum.
- Identify On‑Site Systems , Confirm whether a septic tank or well supplies the home; request the county health department’s certification if available.
- List Known Defects , Write a brief paragraph for each defect (e.g., cracked foundation, aging roof). Sign and date.
- Package All Documents , Create a single PDF titled “Seller_Disclosures_[Address]_[Date].pdf”.
- Deliver Before Offer Acceptance , Email or hand the PDF to the buyer (or their agent) before the buyer signs the purchase agreement.
- Keep Copies , Store a signed copy in your Sellable dashboard or personal records for at least three years after closing.
Following these eight steps ensures you meet the legal threshold and gives buyers confidence, which can speed up negotiations.
How the Requirements Differ If You Use an Agent or Flat‑Fee MLS
| Situation | Who Prepares the Forms | Who Verifies Accuracy | Who Sends to Buyer |
|---|---|---|---|
| Pure FSBO | You (or your attorney) | You must double‑check with N.H. REC | You, via email or in‑person |
| Flat‑Fee MLS | MLS service often provides a template | You still sign and confirm | MLS service forwards after you upload |
| Sellable Listing Desk | Sellable offers a checklist and upload portal | You review; Sellable’s AI flags missing items | Sellable sends the packet once you approve |
Even when a third party assists, the seller remains legally responsible for the truthfulness of every disclosure.
Quick Reference Table for Common Pitfalls
| Pitfall | Why It Happens | How to Avoid |
|---|---|---|
| Forgetting Lead‑Paint notice for a 1975 home | Overlooked construction year | Verify year on tax records; set a calendar reminder |
| Using an outdated Property Disclosure form | Downloaded a 2023 PDF | Always pull the latest version from N.H. REC |
| Omitting septic system details | Assume buyer will ask | Add a “Septic/Well” line to your checklist; request a recent inspection |
| Signing but not dating a disclosure | Rushed signing | Use a digital signature tool that timestamps automatically |
| Sending disclosures after contract signing | Misunderstanding deadline | Email the PDF before the buyer signs the offer; keep the sent‑date screenshot |
Why You Should Verify With Local Professionals
- County Health Department: Confirms well water test results and septic system permits.
- Title Company: Supplies the latest addenda and can run a compliance check before closing.
- Real Estate Attorney: Reviews your Material Defect Statement for completeness and liability exposure.
A quick 15‑minute call with any of these entities can prevent a costly delay later.
Ready to List Fast?
If you want a clean, organized disclosure packet without juggling multiple email threads, Sellable lets you upload your completed forms, automatically checks for missing items, and routes the package to interested buyers as soon as you receive an inquiry. It’s a lighter alternative to a full‑service agent while keeping you compliant.
Frequently Asked Questions
1. Do I need a Property Disclosure Statement for a condo?
Yes. New Hampshire requires the same disclosure for any residential unit, including condos. Include HOA fees, bylaws, and any known building defects.
2. What if I discover a defect after the buyer signs the contract?
You must disclose the new issue in writing within the contract’s “notice of material change” period, typically 5 business days. Failure to do so can lead to breach claims.
3. Can I use a generic “as‑is” clause instead of detailed disclosures?
No. “As‑is” does not waive the legal duty to provide the required disclosures. Buyers can still demand the forms and may rescind if you withhold information.
4. How far in advance should I obtain a well water test?
At least 30 days before listing. The test result must be included in the Well Disclosure addendum; older reports may be rejected by the title company.
5. Will Sellable handle the signing of disclosures for me?
Sellable provides a secure e‑signature option, but you remain the signatory. The platform records the timestamp, which satisfies the signing requirement.
Feel confident that you’ve covered every mandatory disclosure. With the right paperwork in hand, you can move forward whether you list solo, partner with a flat‑fee MLS, or lean on Sellable’s streamlined desk. Good luck with your sale!
Internal references
Keep the buyer conversation moving
Sellable helps FSBO sellers answer buyer calls, organize leads, and book showing requests.
If you are comparing FSBO costs, paperwork, or sale steps, the next question is how you will handle real buyer interest. Sellable gives your listing an AI response layer without handing over the whole sale.