What Is a Seller's Disclosure — and Why Does It Matter?

If you're selling a home in New Hampshire, you'll almost always be asked to complete a Seller's Property Disclosure. State law requires a few specific written disclosures — your water supply, septic or sewer system, and insulation — and the standard form most agents use goes well beyond that. Most sellers know it exists. Far fewer understand what it's actually asking — or what happens if it's completed incorrectly.

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WHAT THE SELLER'S DISCLOSURE IS

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The Seller's Property Disclosure is a standard form, used by most NH agents, that asks sellers to disclose known material defects and conditions of the property being sold. It covers the roof, foundation, electrical system, plumbing, heating and cooling, water source and quality, septic, past water damage, structural issues, and any permits pulled for work done on the home.

It is not an inspection report. It reflects what the seller knows — not what a third-party inspector will find. But it is a legally significant document, and the information you put on it matters.

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WHAT SELLERS OFTEN GET WRONG

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The most common mistakes we see:

Checking "Unknown" when the seller does know. If the roof was replaced in 2018 and you know when and by whom, that's not unknown — it's a known fact that protects both you and the buyer.

Underreporting past issues that were resolved. If you had a water leak in the basement five years ago, had it repaired and waterproofed, and haven't had a problem since — that still belongs on the disclosure. A resolved issue that's fully disclosed is far better than one a buyer discovers after closing and feels was hidden.

Skipping questions about permits. If work was done on the home without permits — an addition, a finished basement, a new deck — that belongs on the disclosure. Buyers and their lenders will often find out through an appraisal or inspection anyway, and it's far cleaner to address it proactively.

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WHY ACCURACY PROTECTS YOU

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A complete, accurate Seller's Disclosure is one of your best protections as a seller after the transaction closes. If a buyer discovers a problem after closing that was clearly disclosed, your liability is dramatically reduced. If a buyer discovers a problem that you knew about and did not disclose, you have real legal exposure.

The goal is simple: tell the buyer what you know. Everything you know. The disclosure process is not the place for strategic omissions, however you also do not want to take "a guess" at it either.

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HOW WE WORK THROUGH THIS WITH SELLERS

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We walk through the Seller's Disclosure with every listing client before it's completed — not to answer it for you, but to make sure you understand what each question is asking and have thought carefully about your response. That conversation is worth having before the form is signed and shared with buyers.

Questions about the disclosure process or preparing your home for a sale? Reach out — we're happy to walk through it.

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About Grant Homes

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Grant Homes is a Keller Williams Metropolitan team serving Londonderry, Derry, Bedford, Windham, and surrounding Southern NH communities. With 333+ sales and a 5.0-star Zillow / Google rating, we bring unmatched local expertise to every transaction.

Ready to talk about your next move? Reach out anytime.

C: 603.932.3377 • O: 603.965.2992 • GrantHomesRealty.com • GrantHomes@kw.com

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