New Hampshire Seller Disclosure Requirements: Seven Items for Beginners – A 2026 Starter Guide
$1,200. That’s the average amount a New Hampshire seller saves each year by handling the disclosure paperwork correctly and avoiding costly post‑sale repairs. If you’re about to list your home, knowing the seven required disclosures can protect that money and keep the closing on schedule.
In 2026 the state still mandates a written “Seller’s Property Disclosure Statement” (SPDS) for most residential transactions. The form asks you to confirm the condition of seven specific items. Below you’ll learn what each item means, how to answer honestly, and what paperwork you need to attach. Follow the steps, and you’ll move from “I have no idea what to disclose” to “I’ve got this covered” in a single weekend.
1. Structural Components
What it covers: Foundation, roof, walls, and any major load‑bearing elements.
Why it matters: Hidden cracks or water intrusion can trigger a buyer’s renegotiation or even a lawsuit.
How to comply:
| Action | Details |
|---|---|
| Inspect | Hire a licensed home inspector or review your most recent inspection report. |
| Document | Note any known cracks, repairs, or recent roof replacement (include date and contractor). |
| Attach | Upload the inspection summary or repair invoices to the SPDS. |
Tip: If you replaced the roof within the last three years, list the material, warranty period, and installer. Buyers love concrete dates.
2. Systems & Appliances
What it covers: Heating, cooling, electrical, plumbing, and built‑in appliances (stove, dishwasher, water heater).
Why it matters: A malfunctioning furnace shows up on the buyer’s walk‑through and can stall the sale.
How to comply:
- Gather the last service receipts for the furnace, AC, water heater, and any major appliances.
- Write a short note for each item: “Operational as of 03/2026; last serviced 02/2026 by XYZ Heating.”
- Include any known defects, such as a leaky faucet or a thermostat that cycles irregularly.
3. Environmental Hazards
What it covers: Asbestos, lead‑based paint, radon, mold, and any known soil contamination.
Why it matters: New Hampshire’s older homes often contain lead paint; radon levels can exceed EPA recommendations.
How to comply:
| Hazard | Required Action |
|---|---|
| Lead‑based paint | Provide a lead inspection report if the home was built before 1978. |
| Radon | Attach a radon test result dated within the past 12 months. |
| Mold | Submit a professional mold assessment if you’ve had a remediation. |
| Asbestos | Include a removal or clearance certificate if work was done. |
If you have no known hazards, write “None known; no testing performed.” Buyers may still order their own tests, but you’ve satisfied the legal requirement.
4. Water & Sewer
What it covers: Private wells, septic systems, municipal water connections, and any known drainage problems.
Why it matters: A failing septic tank can cost thousands to replace.
How to comply:
- Well owners: Provide the most recent water‑quality test (within 12 months).
- Septic owners: Attach the last inspection report and pump‑out receipt.
- Municipal water: Note the utility name, account status, and any past water‑line repairs.
If you’ve never had a septic inspection, disclose “No inspection performed; system installed 1995.” That honesty prevents surprise claims later.
5. Neighborhood & Zoning
What it covers: Known future developments, zoning restrictions, homeowners’ association (HOA) rules, and any pending litigation affecting the property.
Why it matters: A buyer may balk if a new commercial project is slated next door.
How to comply:
- Check the town’s planning board website for any approved projects within a half‑mile radius.
- If you’re in an HOA, attach the latest covenant documents and fee schedule.
- Note any known easements or right‑of‑way agreements.
A simple line such as “Town approved a 12‑unit multifamily project on Oak Street (2025) within 0.4 mi” satisfies the requirement.
6. Pest Infestations
What it covers: Termites, carpenter ants, rodents, and other wood‑destroying insects.
Why it matters: Undetected termites can undermine structural integrity.
How to comply:
| Situation | Disclosure |
|---|---|
| Recent treatment | “Termite treatment performed 06/2025 by ABC Pest Control; warranty through 06/2027.” |
| No known problems | “No known pest activity; last inspection 03/2026, no findings.” |
| Ongoing issue | “Active carpenter ant colony in attic; treatment scheduled 06/2026.” |
Even if you haven’t had an inspection, state “No inspection performed; no visible signs of infestation.” Buyers will arrange their own, but you’ve met the legal standard.
7. Legal & Title Issues
What it covers: Liens, judgments, tax delinquencies, and any outstanding legal disputes.
Why it matters: A hidden lien can prevent the title from transferring.
How to comply:
- Order a recent title search from a reputable title company (usually within 30 days of listing).
- List any recorded liens, even if you plan to pay them off before closing.
- Include the current property tax bill and note any unpaid amounts.
A concise entry might read: “$2,400 property tax arrears paid 01/2026; no other liens recorded.”
Putting It All Together: A Quick Checklist
| # | Item | Docs to Attach | Where to Note on SPDS |
|---|---|---|---|
| 1 | Structural | Inspection report, repair invoices | Section A |
| 2 | Systems & Appliances | Service receipts, warranties | Section B |
| 3 | Environmental | Lead, radon, mold, asbestos reports | Section C |
| 4 | Water & Sewer | Well test, septic report, utility statements | Section D |
| 5 | Neighborhood & Zoning | HOA docs, planning board notices | Section E |
| 6 | Pest | Treatment records, inspection reports | Section F |
| 7 | Legal & Title | Title search, tax bill, lien statements | Section G |
Print the checklist, gather the files, and upload everything to the SPDS portal. Most buyers appreciate a tidy package, and the closing attorney can verify everything in one go.
How Sellable Makes Disclosure Simpler
Selling on Sellable (sellabl.app) gives you a built‑in disclosure wizard. The platform prompts you for each of the seven items, lets you upload PDFs directly, and generates a compliant SPDS PDF ready for the buyer’s signature. By using Sellable, you avoid the $5,000–$6,000 commission you’d pay an agent and still get a professional disclosure package.
Because the wizard stores your documents in the cloud, you can share the same file with multiple agents or directly with a buyer’s attorney without re‑typing anything. That efficiency often translates into a faster closing—sometimes three days sooner than a traditional listing.
Real‑World Analogy: The Home Disclosure as a Car’s Maintenance Log
Think of the SPDS like the maintenance log you keep for a car you plan to sell. You wouldn’t hand over a vehicle without noting the last oil change, any accident repairs, or pending recalls. Buyers trust the log, and mechanics (or title companies) rely on it to avoid surprise repairs.
Your home disclosure works the same way. Each of the seven items is a line in that log. Fill it out accurately, attach the receipts, and you give the buyer confidence that the “engine” of the house—its structure, systems, and legal standing—is in good shape.
What Happens If You Miss a Disclosure?
In New Hampshire, failing to disclose a known defect can lead to a rescindable contract or a monetary claim for damages. Courts have awarded buyers anywhere from $5,000 to $25,000 in repair costs, plus attorney fees, when sellers omitted material facts.
The safest route is full transparency. If you’re unsure whether something counts, err on the side of disclosure. The buyer can still negotiate a price reduction, but they won’t have grounds for a lawsuit.
Step‑by‑Step: From Listing to Closing in 2026
- Gather paperwork (inspection, receipts, test results).
- Log into Sellable and start a new listing.
- Open the disclosure wizard; answer each of the seven prompts.
- Upload PDFs; the system flags any missing required document.
- Review the auto‑generated SPDS for completeness.
- Sign electronically and send the PDF to the buyer’s attorney.
- Schedule the home inspection (buyer‑ordered) and address any new findings.
- Proceed to closing once all parties sign the final purchase agreement.
Following these eight steps typically lands you in escrow within 2–3 weeks of listing, assuming the market remains steady in 2026.
Glossary of Key Terms
| Term | Meaning |
|---|---|
| Seller’s Property Disclosure Statement (SPDS) | Mandatory written form that lists the seven disclosure items. |
| Lead‑Based Paint | Paint containing >0.5% lead, required to be disclosed for homes built before 1978. |
| Radon | Naturally occurring radioactive gas; high levels pose health risks. |
| Septic System Inspection | Professional evaluation of the on‑site wastewater treatment unit, usually every 3–5 years. |
| Easement | Legal right for a third party to use part of your property (e.g., utility lines). |
| Lien | Legal claim against the property for unpaid debt. |
| HOA Covenant | Set of rules governing property use within a homeowners’ association. |
| Rescindable Contract | Agreement that a buyer can cancel and receive a refund if a material fact was hidden. |
Bottom Line
Mastering the seven New Hampshire seller disclosure items protects your pocket, prevents legal headaches, and keeps the sale moving. Use the checklist, keep receipts organized, and let Sellable’s disclosure wizard handle the paperwork. You’ll walk away with the equity you earned, not a giant commission or a lawsuit.
Frequently Asked Questions
1. Do I need a professional inspector for every disclosure item?
No. You must provide documentation for known issues, but a general home inspection usually covers structure, systems, and pests. Separate tests (lead, radon, septic) require specialists.
2. What if I discover a problem after the buyer signs the SPDS?
Update the buyer in writing immediately. The contract can be amended, or you may negotiate a repair credit. Ignoring new defects can lead to legal claims.
3. Is the SPDS required for all sales, including cash deals?
Yes. New Hampshire law applies to any residential transfer where the buyer is not a close family member. Even cash buyers expect a completed disclosure.
4. How long should I keep the disclosure documents after closing?
Retain them for at least three years. The buyer may reference them if a post‑sale issue arises, and the records protect you from future disputes.
5. Can I use Sellable’s free trial to complete my disclosure?
Absolutely. The platform lets you start a listing and finish the SPDS at no cost. You only pay the standard Sellable transaction fee when the sale closes.
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