Best Real Estate Lawyers in New Hampshire

About Real Estate Law in New Hampshire, United States

Real estate law in New Hampshire covers the legal aspects of buying, selling, leasing, and managing real property. This area of law guides homeowners, landlords, tenants, buyers, sellers, investors, and developers through processes such as home purchases, rental agreements, title transfers, zoning, and compliance with state and local regulations. The Granite State has its own real estate statutes and legal customs shaped by local practices and the economic landscape, including considerations for historic properties, vacation homes, and rural land.

Why You May Need a Lawyer

There are many situations in New Hampshire real estate where legal expertise is essential. Some common scenarios include:

• Buying or selling a home, commercial space, or undeveloped land
• Reviewing or drafting purchase and sale agreements
• Resolving disputes over property boundaries, easements, or shared driveways
• Assisting with landlord-tenant issues including evictions or habitability disputes
• Handling foreclosures or short sales
• Dealing with title defects, liens, or property encroachments
• Navigating zoning, permitting, or land use regulations
• Protecting your interests in real estate transactions, especially if you are unfamiliar with the process

Local Laws Overview

New Hampshire has several distinctive laws and practices affecting real estate transactions:

• Title and Ownership: Real estate closings usually involve an attorney or licensed title company to ensure proper title transfer. New Hampshire is known as an attorney-closing state.
• Property Disclosure: Sellers are required to disclose material defects of the property, but New Hampshire does not require a standardized disclosure form, so details can vary.
• Zoning and Land Use: Municipalities adopt their own zoning regulations which often vary widely, impacting permitted land uses and property values.
• Taxation: New Hampshire has local property taxes, but does not have a state sales tax or state income tax on wages. However, there is a real estate transfer tax paid at closing by buyers and sellers.
• Foreclosure Process: New Hampshire primarily uses a non-judicial foreclosure process, which means foreclosures can proceed without court intervention if the deed of trust or mortgage allows.
• Landlord-Tenant Law: State law sets rules for security deposits, notice periods, evictions, and maintenance responsibilities. These laws protect both landlords and tenants.
• Condominiums and Cooperatives: Properties governed by condo associations or similar entities must comply with the New Hampshire Condominium Act.

Frequently Asked Questions

Do I need a lawyer to buy or sell a house in New Hampshire?

While not strictly required by law, most transactions use a licensed New Hampshire attorney for closing to ensure that all documents are correct, the sale is valid, and the title is clear.

What is the real estate transfer tax in New Hampshire?

The state levies a transfer tax of 1.5 percent of the price paid for real estate, split equally between buyer and seller unless otherwise negotiated.

What disclosures are sellers required to make?

Sellers must disclose known material defects that could affect the property’s value or desirability. New Hampshire does not mandate a standard form but customarily disclosures are made in writing.

How does earnest money work in New Hampshire?

Earnest money is usually deposited with an escrow agent as a sign of good faith by the buyer. If the deal falls through for legitimate reasons stated in the contract, the money is generally returned.

What happens if there is a title problem?

If a title defect is discovered, legal action and title insurance may be necessary to resolve ownership issues or clear liens before closing.

How do evictions work in New Hampshire?

Evictions require proper notice and must follow state law. Landlords cannot evict tenants without cause or without following required procedures, including written notice and, if contested, court proceedings.

Are real estate agents regulated in New Hampshire?

Yes, agents must be licensed through the New Hampshire Real Estate Commission and must follow state-mandated standards for conduct and client representation.

How are property boundaries determined or disputed?

Boundaries are typically based on the legal description in the deed and may be verified by a surveyor. Disputes can sometimes require negotiation, mediation, or court resolution.

What are my rights as a tenant in New Hampshire?

Tenants have the right to safe and habitable housing, reasonable privacy, and due process in eviction. Landlords must follow rules on repairs, entry, and return of security deposits.

Where do I file a complaint about a real estate professional?

Complaints about realtors or brokers are filed with the New Hampshire Real Estate Commission while other legal disputes may be brought in the appropriate local court.

Additional Resources

Several organizations and governmental agencies in New Hampshire provide guidance and oversight in real estate matters:

• New Hampshire Real Estate Commission
• New Hampshire Bar Association - Lawyer Referral Service
• New Hampshire Housing Finance Authority
• Office of the Attorney General - Consumer Protection Division
• Local city and town planning departments for zoning and land use questions
• Legal clinics at local law schools

Next Steps

If you believe you need legal assistance for a real estate matter in New Hampshire, consider these steps:

• Gather all documents related to your property or transaction, such as deeds, contracts, correspondence, and survey reports.
• Define your goals and any questions or concerns you have about the process.
• Reach out to a licensed New Hampshire real estate attorney or a legal aid resource if cost is a concern.
• Contact the New Hampshire Bar Association’s Lawyer Referral Service to find a lawyer experienced in real estate law.
• If you are working with real estate agents, verify their license status with the Real Estate Commission.
• Do not sign any contracts or legal documents without understanding their terms - consult an attorney if needed.
• If you face pressing deadlines, such as a closing or court date, act promptly to avoid losing legal rights or options.

Experienced legal help can help you navigate New Hampshire real estate transactions or resolve disputes, ultimately helping you protect your property and your interests.