How to sell your house by owner in New Hampshire

For sale by owner (FSBO) in New Hampshire, without a realtor · rules checked · sources

Attorney at closing
Customary, not required
Seller disclosure
Not required (buyer beware)
State transfer tax
0.75%

No law makes you hire an attorney in New Hampshire, but most closings there use one. New Hampshire has no mandatory seller disclosure form (it follows caveat emptor, "buyer beware"), but you still can't hide or lie about known defects. New Hampshire's state transfer tax is 0.75%, about $3,000 on a $400,000 sale, usually split between buyer and seller.

New Hampshire transfer tax and savings calculator

State transfer tax (0.75%)
$3,000
Commission you don't pay (5–6%)
$20,000–$24,000
Saved if you still pay the buyer's agent (2.5–3%)
$10,000–$12,000

Example for a $400,000 sale. Uses the base state rate of 0.75%. Full rule: $0.75 per $100 of price (0.75%) charged to each of buyer and seller, 1.5% total; $20 minimum. State tax only. Commissions are negotiable and vary; these are typical ranges, not quotes.

Steps to sell a house without a realtor in New Hampshire

  1. Price it from sold homes, not asking prices. Pull recent sales of similar homes nearby from the county records or the "sold" filter on the big portals, or pay a licensed appraiser for a pre-listing appraisal.
  2. Write down what you know about the house. New Hampshire doesn't require a disclosure form, but a voluntary one in writing protects you if a buyer later says you hid a defect.
  3. Make a listing buyers can judge from home. Bright photos of every room, an honest description, a floor plan and a 360° virtual tour filter out people who were never going to buy, so fewer, better showings.
  4. List it where buyers look. A flat-fee MLS listing (a broker puts you on the MLS for a fixed fee) gets you onto Zillow, Realtor.com and Redfin; add FSBO sites, social media and a yard sign with a QR code to the tour.
  5. Show it, then get offers in writing. Ask for a mortgage pre-approval or proof of funds before a showing, and decide up front whether you'll pay a buyer's agent. Accept with a written purchase agreement; the earnest money goes to your attorney, not to you.
  6. Book a closing attorney. Closings in New Hampshire usually happen at an attorney's office, even though it isn't strictly required.
  7. Close. You sign a warranty deed, your attorney pays off your mortgage and records the deed with the county. The state transfer tax is paid when the deed is recorded and is usually split between buyer and seller.

New Hampshire seller disclosure

New Hampshire is a "buyer beware" (caveat emptor) state: there's no mandatory form. That doesn't protect you if you actively hide a defect or answer a buyer's question falsely, so disclose what you know in writing.

New Hampshire has no general seller property-condition form. Sellers must give targeted written disclosures, including private water supply and sewage disposal systems, insulation, and a radon/arsenic/lead notice, before a buyer is bound.

Official form or statute

Whatever the state rule, a home built before 1978 needs the federal lead-based paint disclosure and the EPA pamphlet, and the buyer gets 10 days to test unless they waive it.

New Hampshire transfer tax

New Hampshire charges a real estate transfer tax when the deed is recorded: a base rate of 0.75% of the price, $3,000 on a $400,000 sale. The full rule: $0.75 per $100 of price (0.75%) charged to each of buyer and seller, 1.5% total; $20 minimum. By custom it's usually split between buyer and seller, but the purchase contract can split it differently.

Official transfer tax source

Paperwork for selling a house without a realtor in New Hampshire

Sellers in New Hampshire usually convey with a warranty deed. The title company, escrow officer or attorney prepares it with the other closing documents.

Also expect:

  • Private water supply and sewage disposal disclosure (location, malfunctions, last service, latest water test date) given in writing before the purchase contract; buyer acknowledges receipt (RSA 477:4-c/4-d)
  • Radon, arsenic and lead-paint notice required in the sale (RSA 477:4-a)
  • Transfer tax declaration forms (CD-57-S for the seller, CD-57-P for the buyer) are filed with the deed

Transfer tax is imposed on both parties, so an owner should budget 0.75% from the seller side. Attorney closings are the norm in New Hampshire though not legally required by anything I could verify.

The rest of the work is marketing: a clear listing, honest photos and a virtual tour. Tips in how to write a property listing and how to make a virtual tour with your phone.

Frequently asked questions

Can you sell a house without a realtor in New Hampshire?

Yes. No state requires a real estate agent to sell your own home. No law makes you hire an attorney in New Hampshire, but most closings there use one. The steps are on this page.

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

Not by law. No law makes you hire an attorney in New Hampshire, but most closings there use one. Paying one to review the purchase contract is cheap insurance.

Are seller's disclosures required in New Hampshire?

No statewide form. New Hampshire has no mandatory seller disclosure form (it follows caveat emptor, "buyer beware"), but you still can't hide or lie about known defects. New Hampshire has no general seller property-condition form. Sellers must give targeted written disclosures, including private water supply and sewage disposal systems, insulation, and a radon/arsenic/lead notice, before a buyer is bound. Official form or statute. Homes built before 1978 also need the federal lead-based paint disclosure.

How much is the transfer tax in New Hampshire?

New Hampshire's state transfer tax is 0.75%, about $3,000 on a $400,000 sale, usually split between buyer and seller. Official source.

Who pays the transfer tax in New Hampshire?

In New Hampshire it's usually split between buyer and seller. Custom isn't law: the purchase contract can say who pays.

What paperwork do I need to sell my house without a realtor in New Hampshire?

Usually a written purchase agreement; a warranty deed; the lead-based paint disclosure if the home was built before 1978; Private water supply and sewage disposal disclosure (location, malfunctions, last service, latest water test date) given in writing before the purchase contract; buyer acknowledges receipt (RSA 477:4-c/4-d); Transfer tax declaration forms (CD-57-S for the seller, CD-57-P for the buyer) are filed with the deed. The title company or attorney prepares the closing documents and records the deed.

How much do you save selling a house without a realtor in New Hampshire?

On a $400,000 sale, a 5–6% commission is $20,000–$24,000. If you still pay the buyer's agent, you save the listing side, about $10,000–$12,000. The $3,000 state transfer tax is due either way.

Sources

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