Do You Have to Disclose a Death in a House in New Hampshire?
Do You Have to Disclose a Death in a House in New Hampshire?
In New Hampshire, a short statute - RSA 477:4-e - says an owner or agent is not required to volunteer that a property was the site of a homicide, another felony, or a suicide. The owner or agent only has to share it if the buyer asks and the owner or agent knows. The statute does not mention natural deaths or alleged paranormal activity at all.
What RSA 477:4-e actually says
It's October, so the question "do sellers have to tell you if someone died in the house?" is everywhere. Let's skip the spooky stuff and read the law itself. The section is titled "History of Property," and paragraph I(a) reads: "The owner of real property, or any agent of such owner, shall not be required to disclose information to a buyer regarding that such real property was a site of a homicide, other felony, or a suicide, unless the buyer requests such information of the owner or agent and the owner or agent has knowledge that the property was the site of a homicide, other felony, or suicide."
Paragraph I(b) adds: "No cause of action shall arise against an owner of real property or any agent of such owner if such owner or agent discloses information at the request of the buyer pursuant to subparagraph (a)." And paragraph II says that, notwithstanding paragraph I, the seller and buyer "shall be free to negotiate contractual rights of disclosure." The statute dates to 1994.
A different law: the physical-property disclosures
Here's the thing people mix up: this is not the same obligation as the standard seller paperwork. RSA 477:4-a requires the seller or the seller's agent to give the buyer a written notification about radon, arsenic, lead, PFAS and flood before a contract is signed, and the buyer signs to acknowledge it. RSA 477:4-c and 477:4-d add written seller disclosures about things like the private water supply, the sewage disposal system, insulation, flood hazard zone status and a residential heating oil underground storage tank. Those are about the physical property and its systems. RSA 477:4-e is about events in a property's history, and it points the other way: no duty to volunteer, unless the buyer asks.
What the statute covers - and what it doesn't mention
Read closely, RSA 477:4-e names three things: a homicide, another felony, and a suicide, at "such real property." It does not use the words death, natural causes, ghost, haunted or paranormal. It does not address events at a neighboring property or in the surrounding area. I am not saying that means anything is allowed or not allowed in those situations; I am saying the section itself is silent, and what that means in a particular situation is a question for an attorney.
A note on Fair Housing
New Hampshire's RSA 477:4-e says nothing about illness or the health of any past occupant. Separately, disability (called "handicap" in the federal statute) is a protected class under the federal Fair Housing Act, 42 U.S.C. 3604. A home should be described and marketed by its features, never by who lived in it. This post describes a law, and I won't describe any particular house or the people who lived there.
How a buyer can ask
If this matters to you, the statute's own structure gives you the path: ask. Put the question to the seller or the seller's agent directly, and put it in writing, so there is a record of exactly what was asked and when. A seller's duty to answer comes from the statute and from whatever the two sides agree to in the contract, not from custom or what is usually done. I can't tell you what answer you'll get, and nobody should promise you one.
What sellers should know
If you are selling, read RSA 477:4-e itself and understand it is one short section, with a knowledge requirement and a protection for answering a buyer's request. The physical-property disclosures in RSA 477:4-a, 4-c and 4-d are separate, and they are required. Paragraph II of 4-e also lets the parties negotiate disclosure rights in the contract, so what you sign matters. If you have a real concern about what to say, or how to answer a specific question, talk to a New Hampshire real estate attorney before you answer.
Straight to the source: America.gov
America.gov is the government's newest one-stop site, meant to make all of our lives a little easier. Ask a question in plain English and it answers from official federal, state and local agency websites. It's free, with no ads and no account. Here are direct links to answers on this post's topics:
Selling your home: Do I have to pay taxes when I sell my home? →
Property taxes: How do I apply for a property tax abatement in New Hampshire? →
America.gov is brand new and still growing, so links and answers can change. It uses AI, so check the official source links it shows. We'll keep giving you direct links the best we can and keep them up to date, so check back for changes.
This is general information about what the statute says. It is not legal advice, and I am not an attorney.
FAQ: Stigmatized property in NH
Do NH sellers have to tell you if someone died in the house? RSA 477:4-e does not require a seller or agent to volunteer that a property was the site of a homicide, another felony, or a suicide. They are not required to disclose unless the buyer asks and they know. The section does not mention natural deaths.
Is there a haunted house disclosure law in New Hampshire? I did not find one. RSA 477:4-e does not mention paranormal activity, and neither do the other sections I read in the RSA 477:4 series.
Is this the same as the radon and arsenic notice? No. RSA 477:4-a and the related sections cover the physical property: radon, arsenic, lead, PFAS, flood, water supply and sewage disposal. RSA 477:4-e covers property history.
What if the seller says no and it turns out to be untrue? That is a legal question about a specific situation. Talk to a New Hampshire real estate attorney.
Thinking about selling your Lakes Region home?
Whether you are buying or selling, my goal is that nobody is surprised at the table. If you have questions about disclosures or about the process, I'm happy to talk it through, and I'll point you to an attorney for the legal parts.
Cami Navoy - Cami Navoy & Associates, Keller Williams Lakes & Mountains Realty, Meredith, NH
