The New Hampshire Purchase Agreement helps coordinate the formal transfer of ownership from one party to another with respect to residential real estate. The desired conditions are written or entered in the form and followed by signatures to ensure the legality of the contract. Among the elements of the sale that the users of the document want to customize are the final offer / sale price, the amount of capital that the buyer wants to offer in advance (deposit), the date on which the parties want to conclude and any provisions that the buyer or seller wants to add. The seller`s declaration of ownership must be attached to the purchase agreement as an addendum. Until both parties sign the agreement, the seller can continue to keep the property on the market and accept any other offer they want. New Hampshire law requires the seller to provide potential buyers with information about the insulation, water supply, and sewer system of the property before or during the preparation of the purchase and sale agreement. The details make up the agreement. Are you buying or selling a single-family home or is it a single-family home with a step-parent apartment? If it`s important to you, put it in your agreement. If you don`t want to sell/buy a house unless you buy/sell another house, put it in the agreement and make sure the agreement is clear about what happens if you don`t meet the condition. Will the buyer get the deposit back? Can the seller withhold the deposit? What about the cost of a lost business? However, it is important to fill in the gaps with specific details that protect a party`s particular interests.
The interests of each party are specific to its situation. Both parties should know and understand that some of the standard sections may not be in the best interest of one party. Similarly, a standard section may not accurately reflect the agreement between the buyer and seller. Before or during the preparation of an offer to buy and sell a property, the seller must provide the buyer in writing with the following information: One of the usual forms is the contract of purchase and sale drawn up by the NH Association of Real Estate Agents. This is a standardized purchase and sale agreement that is regularly used for the purchase and sale of residential real estate in New Hampshire. The form adopts a specific structure that the local real estate industry has adopted, and it contains gaps that are usually filled by the brokers involved in the transaction. New Hampshire Purchase and Sale Agreement – This purchase and sale agreement was created by the New Hampshire Association of REALTORS and can be used by real estate® agents to conduct residential real estate transactions. The New Hampshire Residential Real Estate Purchase and Sale Agreement is a document used by a home buyer to complete a real estate transaction and secure the purchase of a seller`s property. Due to the complexity of the form and the purchase process, the buyer will usually fill out this form with the help of a real estate agent. Purchase and sale contracts for residential real estate in New Hampshire are contracts that take place between a real estate seller and a potential buyer. The person who intends to buy the property will present to the seller the terms of their offer, including the down payments they are willing to make, how they finance the purchase and how long their offer will remain open.
The real estate seller may reject, accept or negotiate the offer until its closing date. Once both parties have signed the agreement, the contract becomes legally binding. Radon, arsenic, lead (§ 477:4-a) – The related statements in the header of this disclosure must be submitted to the buyer before entering into a purchase agreement. The buyer must then confirm that he has received this information by signing the document. (These notifications are included in the New Hampshire Purchase Agreement listed above.) New Hampshire is known as the “Buyer Beware” state. This means that the seller of a residential property is not legally required to disclose defects or material problems to the seller. This does not prevent the seller from obtaining his own real estate inspections before concluding the purchase contract. While the standard purchase and sale agreement created by the NH Association of REALTORS is a typical form for owner-to-owner transactions, it`s important to recognize that standard forms need to be carefully reviewed and filled out with company-specific details. Each party should read each section and confirm that the entire agreement is what you want/need in your agreement. Lawyers for Welts, White and Fontaine have experience in residential and commercial real estate transactions in Nashua and surrounding towns in Hillsborough County, as well as windham and other rockingham county towns.
Please call us for more information at (603) 883-0797 or contact us using the form at the bottom of the page. Contracts for the purchase of a residential property usually contain promises and provisions that guarantee the condition, safety and/or value of a property. In most states, sellers are required to provide a purchase agreement as well as documents guaranteeing the condition of the property. However, in New Hampshire, a disclosure statement is not required by law (477:4-d). This is called the caution of the buyer or the condition of reserved emptor. All defects discovered after the transfer of ownership of ownership (from the seller to the buyer) are the responsibility of the buyer. Sewage. Information about the private sewage disposal system, including location, defects, date of last maintenance and the name of the contractor maintaining the system. Condominium, cooperative, PUD or other organization of owners (§ 477: 4-f) – Persons who sell a unit classified as one of the above types of real estate must notify that the apartment falls under the regulations of the Owners` Association. This must be submitted with the relevant documents of the association, in which rules, fees, special evaluations, etc. are specified. New Hampshire Association of Realtors – Adobe PDF Seller`s Property Disclosure Statement (§ 477:4-d)– Seller is required to inform Buyer of the following: Asbestos Disposal Agency (§ 141-E:23) – A rarely required disclosure that is only required if the transferred property has been used as a site for the removal of asbestos from hazardous materials.
If necessary, the seller must provide the buyer with various details about the contamination and also send a notice (linked in the header) to the NHDES office (the notification must be sent within ten (10) days of the transfer of ownership of the property). Disclosure of Lead Paints (42 U.S. Code § 4852d) – In addition to the notification required by § 477:4-a, real estate sellers are also responsible for providing the buyer with documents relating to the detection of lead paints/lead paint hazards in the structure of the home. Utility Tariff (§ 477:4-h) – If the seller of the house is aware that the property is subject to a utility tariff for the financing or depreciation of energy efficiency or the improvement of renewable energies, he is obliged to provide the buyer with details of this situation and the resulting costs. Although not required by law by sellers, the real estate agent or broker must inform potential buyers of any known issues affecting the property and its value. Under state law, sellers must provide potential buyers with information about the water supply system, sewage system, and insulation of the property. You must also report the presence of possible radon and arsenic contamination. New Hampshire is by and large a state of “buyer caution.” Sellers are only required by law to disclose information about the residence`s water supply system, private sewage disposal system, insulation and the possible presence of certain toxic materials. Any defect discovered by the former owner after the transfer of ownership is the responsibility of the buyer. (§ 477 Abs. 4-d) Insulation.
Isolation information, including type and location. . If the property was built before 1978, this state-mandated document must be provided to the buyer of the home to indicate whether or not the property has traces of toxic paint. Water supply. Information about the type of private water supply system, its location, malfunctions, the date of installation, the date of the last water test and whether or not the seller had a problem such as an unsatisfactory water test or a water test with ratings. Seller`s Property Disclosure Form (§ 477:4-d) – New Hampshire residents who wish to sell their home must first meet the requirement to complete a declaration informing potential buyers of the necessary details regarding the sewage disposal system, water supply system, and insulation of the property included in the structure. The form linked above covers all of these bases as well as the additional state-regulated disclosure for: Lead-based paint disclosure – If a residence was built before 1978, federal law requires the seller to provide potential buyers with a disclosure statement describing their knowledge of the presence of lead-containing paint on the property (if any). .