New Hampshire Property Disclosures: Radon, Arsenic, and Water
New Hampshire has distinctive disclosure obligations tied to its private wells and geology, including notice about radon and arsenic, in addition to federal lead-paint rules. This chapter covers the disclosures a broker must ensure are delivered in a residential transaction.
Radon and Arsenic Notice
New Hampshire law (RSA 477:4-a) requires that a purchase and sale agreement for residential real property include statutory notice advising the buyer about radon and, for properties served by a private water supply, arsenic, and the availability of testing. Many New Hampshire homes draw water from private wells where arsenic and radon can occur naturally, so this notice is a state-specific concern that brokers must not overlook.
Water Supply and Related Conditions
Because so many New Hampshire properties rely on private wells and on-site septic systems, brokers should ensure buyers receive information about the water supply and sewage disposal. Sellers must disclose known material defects, and licensees may not help conceal a known problem. Confirming these state-specific disclosures are completed reduces the risk of a later misrepresentation claim and helps the transaction close cleanly.
Lead-Based Paint
For housing built before 1978, federal law requires the seller to disclose known lead-based paint and hazards and to provide the EPA pamphlet and a disclosure with the required attachment. New Hampshire also has a strong public-health interest in lead-paint hazards in its older housing stock. The supervising broker should ensure affiliated licensees deliver these disclosures on every qualifying transaction.