State guide

Buying or Selling a Home in New Hampshire: What You Need to Know

Buying or selling a home in New Hampshire comes with some of the country's most active disclosure rules, including known issues like radon, arsenic in well water, and lead paint, plus a real estate transfer tax that both sides pay at closing.

Are you buying or selling?

TL;DR

Buying or selling a home in New Hampshire comes with some of the country's most active disclosure rules, including known issues like radon, arsenic in well water, and lead paint, plus a real estate transfer tax that both sides pay at closing. Closings are run by title companies under the oversight of a New Hampshire-licensed attorney, and since August 17, 2024 buyers must sign a written agreement with their agent before touring any home through the MLS. Most agent activity in the state is governed by RSA 331-A and overseen by the NH Office of Professional Licensure and Certification (OPLC).

10 things every New Hampshire buyer or seller should know

  • Sellers of residential homes in New Hampshire must give the buyer a Property Condition Disclosure (PCD) form before or at the time the purchase and sale agreement is signed, under RSA 477:4-d. The PCD covers the home's structure, roof, foundation, plumbing, electrical, heating, water supply, septic, and any known environmental hazards. It reports the seller's knowledge but is not a warranty, so buyers should still get an independent inspection.

  • New Hampshire has some of the highest residential radon levels in the United States because of its granite bedrock, especially in Hillsborough, Merrimack, and Rockingham counties. The EPA action level is 4 picocuries per liter (pCi/L), and prior radon test results at or above that level are a material fact the seller must disclose on the Property Condition Disclosure.

  • Arsenic in private well water is common across parts of New Hampshire because of the state's bedrock geology. If the seller has a prior water test showing arsenic at or above the EPA limit of 10 parts per billion, that result is a material fact under the RSA 477:4-d disclosure framework and must be shared with the buyer.

  • New Hampshire charges a real estate transfer tax under RSA 78-B at $0.75 per $100 of the sale price (about 0.75% total), and the tax is split evenly between buyer and seller. On a $400,000 home, each side pays $1,500 at closing through the settlement statement.

  • Since August 17, 2024, the NAR settlement requires a written buyer representation agreement before any MLS-affiliated agent tours a property with a buyer in New Hampshire. The agreement must state exactly how much the buyer's agent will be paid, how long the agreement lasts, and the services included.

  • Buyer-agent compensation can no longer be advertised inside MLS listing fields in New Hampshire under the NAR settlement rules. Sellers can still offer to pay the buyer's agent, but it must be negotiated in the purchase contract or marketed outside the MLS rather than posted in the listing itself.

  • New Hampshire is not formally an attorney state, but closings are conducted by title companies operating under the oversight of an NH-licensed attorney. The attorney examines title, prepares the deed, and explains the legal documents; buyers and sellers can hire their own attorney but are not required to.

  • New Hampshire's Law Against Discrimination (RSA 354-A) protects more groups than the federal Fair Housing Act. In addition to race, color, religion, national origin, sex, disability, and familial status, New Hampshire also bans housing discrimination based on age, sexual orientation, marital status, and gender identity.

  • A New Hampshire real estate licensee must present the Brokerage Relationship Disclosure at first substantive contact — the first conversation about a specific property, price range, motivation, or your finances. The form tells you whether the agent represents you, the other side, both (with consent), or is acting as a 'facilitator' who represents neither party.

  • If a New Hampshire-licensed agent commits fraud, misrepresentation, or breach of trust in your transaction, you may recover up to $50,000 per transaction from the state's Real Estate Recovery Fund under RSA 331-A:25. You first need a final court judgment against the agent that they cannot or will not pay, then you can petition the NH Real Estate Commission for payment.

The guides

Common questions

How much is the real estate transfer tax in New Hampshire and who pays it?
New Hampshire's transfer tax under RSA 78-B is $0.75 per $100 of the purchase price — about 0.75% total — and it is split evenly between buyer and seller. On a $400,000 sale, each side pays $1,500. The tax is collected through the closing settlement statement, not billed separately.
Do I have to sign an agreement with a buyer's agent before they show me homes in New Hampshire?
Yes. Since August 17, 2024, the NAR settlement requires any MLS-affiliated agent to have a written buyer representation agreement signed with you before touring a home — in person or virtually. The agreement must say how the agent will be paid, how long it lasts, and what services are included, and you can negotiate the rate and term before signing.
Do I need a lawyer at my New Hampshire closing?
New Hampshire does not legally require buyers or sellers to bring their own attorney, but closings are run by title companies with an NH-licensed attorney overseeing the title work and deed preparation. You can hire your own attorney for an independent review if you want, but it is not required to close a residential transaction.
What is the Property Condition Disclosure form in New Hampshire and when do I get it?
It is a form required under RSA 477:4-d where the seller lists what they know about the home — structure, roof, plumbing, electrical, heating, water supply, septic, and any environmental hazards like radon, arsenic, or lead paint. Sellers must deliver it to the buyer before or at the time the purchase and sale agreement is signed. The form reports the seller's knowledge and is not a warranty, so an independent inspection is still important.
Should I test for radon when buying a home in New Hampshire?
Yes — New Hampshire has some of the highest residential radon levels in the country because of its granite bedrock. The EPA action level is 4 picocuries per liter (pCi/L), and a significant share of NH homes test above that level. Ask whether the seller has prior test results (they must disclose them if they do) and add a radon test to your inspection period.
I tested my well years ago and it showed high arsenic. As a seller, do I have to tell the buyer?
Yes. Prior water test results showing arsenic at or above the EPA limit of 10 parts per billion are considered a material fact in New Hampshire and must be disclosed on the Property Condition Disclosure under RSA 477:4-d. New Hampshire does not require you to run a new test before sale, but hiding a known result you already have can expose you to claims after closing.
I'm selling a condo in New Hampshire — are there extra disclosures I have to give?
Yes. Under the NH Condominium Act (RSA 356-B), the seller must provide the buyer with a resale certificate that includes the condo declaration and bylaws, rules and regulations, the most recent annual financial statement, the current budget, any pending special assessments, known material defects in common elements, monthly fees, and any liens on the unit. These are in addition to the standard Property Condition Disclosure under RSA 477:4-d.
What happens if my New Hampshire real estate agent commits fraud during my transaction?
New Hampshire operates a Real Estate Recovery Fund under RSA 331-A:25 that can compensate consumers harmed by a licensee's fraud, misrepresentation, deceit, or breach of trust. You first have to obtain a final court judgment against the agent and show it cannot be collected, then you can petition the NH Real Estate Commission for up to $50,000 per transaction from the Fund.

Glossary

2 terms
NAR — National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.