New Hampshire Seller Disclosure Requirements Seven Items: The Complete 2026 Guide

$12,800 – that’s the average amount first‑time sellers in New Hampshire save by avoiding a 5.5 % agent commission and handling the disclosure paperwork themselves. If you’re ready to keep that money, you need to master the state‑mandated seller disclosure form and the seven specific items it covers. Below is a step‑by‑step roadmap, expert tips, and common pitfalls to keep you on track.

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1. Why the Disclosure Matters

New Hampshire law requires every residential seller to complete the Seller’s Property Disclosure Statement (SPDS) before signing a purchase agreement. The form protects buyers from hidden defects and shields you from future lawsuits. Failing to disclose a material fact can trigger a claim for damages that far exceeds the commission you’d have paid an agent.

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2. The Seven Mandatory Disclosure Items

You must answer yes, no, or unknown for each item. “Unknown” is acceptable only if you genuinely lack information after a reasonable inquiry; otherwise, you risk a claim of non‑disclosure.

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3. Preparing the Disclosure Form

Step 1 – Gather Records (1–2 days)

• Pull the most recent home inspection (if you have one).
• Request permit histories from the town clerk’s office; most towns provide online portals.
• Order radon and lead‑paint tests if the home was built before 1978.

Step 2 – Walk the Property (2 hours)

• Inspect the roof, foundation, and visible systems.
• Take photos of any defects; they become valuable evidence if a buyer later disputes your statements.

Step 3 – Complete the SPDS (30 minutes)

• Use the official PDF from the New Hampshire Real Estate Commission.
• Fill in each box clearly; avoid shorthand that a buyer might misinterpret.

Step 4 – Review & Sign (15 minutes)

• Read every answer aloud.
• Sign and date the form; the buyer’s agent (or the buyer, if it’s an FSBO) must also sign to acknowledge receipt.

Step 5 – Attach Supporting Docs (optional but recommended)

• Attach copies of permits, test results, and recent service invoices.
• Label each attachment for easy reference (e.g., “Roof‑2023‑Invoice.pdf”).

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4. Expert Tips for a Bullet‑Proof Disclosure

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5. Common Pitfalls and How to Avoid Them

1. Leaving “Unknown” blanks – The form treats a blank as “no.” If you truly don’t know, write “unknown” and note the steps you took to investigate.
2. Relying on old inspection reports – A 2015 inspection won’t cover a roof replacement done in 2023. Update the report whenever you make a major repair.
3. Skipping radon or lead tests – In 2026, the New Hampshire Department of Health still requires disclosure of test results if the home was built before 1978.
4. Misunderstanding “legal” disclosures – An easement that allows a neighbor to cross your yard is a material fact. Check the deed and any recorded agreements.
5. Over‑relying on “as‑is” language – Even an “as‑is” sale does not excuse you from disclosing known defects.

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6. Using Sellable to Streamline the Process

Sellable (sellabl.app) offers a built‑in disclosure wizard that mirrors the state’s SPDS layout. You can:

1. Enter each of the seven items directly into the platform; it auto‑generates a PDF that matches the official form.
2. Upload supporting documents and link them to the corresponding item, creating a single‑click “view all” packet for buyers.
3. Track buyer acknowledgment – Sellable records the exact timestamp when a buyer views and signs the disclosure, giving you solid proof of compliance.

Because Sellable eliminates the need for a third‑party agent, you keep the full commission margin—typically $12,800–$15,000 on an average $250,000 home in 2026.

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7. Timeline Overview (From Listing to Closing)

A disciplined schedule keeps the transaction under 45 days, well within the typical 6‑week window for New Hampshire FSBO sales.

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8. What Buyers Should Do With the Disclosure

• Read every line; ask for clarification on any “yes” answer.
• Request independent inspections for items you’re unsure about (e.g., foundation).
• Compare the disclosed information with the home’s listing photos and any recent appraisal.

If a buyer discovers a discrepancy after closing, they can pursue legal action for material misrepresentation. That’s why a thorough, honest disclosure protects both parties.

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9. Final Checklist Before You Sign

• All seven items answered (yes/no/unknown)
• Supporting documents attached and labeled
• Signature and date entered
• Buyer’s acknowledgment recorded (Sellable does this automatically)
• Copies saved in both cloud (Sellable) and a local backup

Cross the checklist twice. One missed item can cost you thousands in repairs or legal fees later.

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Frequently Asked Questions

Q1: Do I have to disclose cosmetic issues like peeling paint?
A1: Only if the paint contains lead (homes built before 1978). Otherwise, cosmetic flaws are not material and need not be listed.

Q2: What if I discover a new defect after the buyer signs the disclosure?
A2: Notify the buyer immediately. The buyer can request a price adjustment or repair credit before closing. Transparent communication often preserves the sale.

Q3: Can I use a generic “as‑is” clause to avoid disclosure?
A3: No. New Hampshire law requires full disclosure of known material facts regardless of any “as‑is” language in the contract.

Q4: How does Sellable handle buyer signatures on the disclosure?
A4: Sellable generates a secure e‑signature request. The buyer signs electronically, and the platform timestamps the event, storing the signed PDF in your account.

Q5: I’m selling a condo with an HOA—do I still need the seven‑item disclosure?
A5: Yes. You must disclose HOA fees, rules, pending litigation, and any known violations in addition to the seven standard items. Include the HOA’s governing documents as attachments.