law

Licensee Material Condition Disclosure (Rea 701.02)

New Hampshire requires a licensee to disclose any material physical, regulatory, mechanical or on-site environmental condition the licensee actually knows about, before the buyer or tenant makes a written offer (Rea 701.02; RSA 331-A:25-b, 25-c). There is no affirmative duty to investigate. Separate rules (Rea 701.03 to 701.05) direct licensees to obtain seller information on items such as a private water supply, insulation and private sewage disposal.

Exam tip
Timing matters: disclosure must come before the written offer. A choice requiring the licensee to inspect for hidden defects is wrong.
Example
A listing agent knows the well had an unsatisfactory water test; she must tell the buyer before the buyer writes an offer.

Related terms & state variants

Sources

Source verification pending. Confirm current requirements with your state regulator.

Last verified: 2026-10-23