New Hampshire Real Estate Contract: Different Types and Key Terms to Include

Quick Facts — Real Estate Contract Lawyers

What is a New Hampshire Real Estate Contract?

A New Hampshire real estate contract, sometimes referred to as a residential real estate purchase and sale agreement, is a written contract entered into by a party selling property and a party who makes an offer to buy the property.

Real estate contracts cover important issues like the agreed upon sale price, deadlines for inspections and financing, a closing date, and any contingencies that must be met before the sale is finalized.

Common New Hampshire Real Estate Contracts

The most common New Hampshire real estate contract is the New Hampshire Association of Realtors version. This contract template is a standard form used by realtors who are members of the association.

Other types of contracts you may see used for real estate include:

  • Commercial property contract
  • Contracts for deed
  • Real estate assignment contract
  • Lease agreement

4 Essential Elements of a New Hampshire Real Estate Contract

All contracts are required to have certain essential elements to make the agreement legally binding by law. The 4 essential elements of a New Hampshire real estate contract are:

  1. A valid offer from the buyer.
  2. Acceptance of the offer by the seller.
  3. The intention to create a legal relationship through the contract.
  4. Consideration, which in a real estate contract is often the exchange of money for the property.

Is New Hampshire a Buyer Beware State in Real Estate?

New Hampshire is considered a buyer beware state, however there a few exceptions. While many states that adhere to the principle of buyer beware principle don’t require sellers to provide any disclosures, New Hampshire requires disclosures about the following issues:

  • Water supply system
  • Private sewage disposal system
  • Insulation
  • Presence of toxic materials

For all other property conditions, the responsibility is on the buyer to do their due diligence before closing the deal.

Frequently Asked Questions

How do I hire a lawyer to draft a real estate contract in New Hampshire?

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