A property disclosure statement is a written document provided by a seller of real property to the prospective buyer stating that the property has a material or significant problem or defect and disclosing the nature of the problem or defect—or stating the seller is unaware of any such problems or defects.
In New Hampshire, a property disclosure statement is a requirement for most residential real estate transactions. According to New Hampshire state statutes (RSA 477:4-d), the seller of residential real property must provide the buyer with a disclosure statement that outlines any known material defects in the property. This disclosure must be made in good faith and based on the seller's actual knowledge at the time of the agreement. The law specifies that the disclosure should include information about the condition of the property, including the structure, systems, and any other relevant aspects that could affect the property's value or desirability. If the seller is unaware of any problems or defects, they must state this explicitly. Failure to provide a complete and accurate disclosure can lead to legal consequences for the seller, including the possibility of the buyer rescinding the purchase agreement or seeking damages.