In New Hampshire, sellers are not required by a broad state law to disclose every known defect in a home, including every instance of water in a basement. But that does not mean a seller should hide a known water problem.

If your basement gets water during heavy rain, that is something you should discuss with your real estate agent and answer truthfully if you're completing a property disclosure. Knowingly concealing or misrepresenting a water issue can create problems after the sale, and New Hampshire real estate licensees have their own obligation to disclose material property conditions they actually know about.

New Hampshire is different from some states because there isn't one blanket state law requiring home sellers to disclose every known defect in a property.

Instead, New Hampshire law requires sellers to provide certain specific disclosures and notifications. These include things such as private water and sewage systems, insulation, flood-related information, radon, arsenic, lead and PFAS.

Basement water or moisture isn't specifically listed as a blanket statutory disclosure requirement. That doesn't mean a seller should simply leave it out, though—especially if they're completing a property disclosure that asks about basement moisture or leakage.

This is where the question usually comes up. Maybe the basement isn't constantly wet and has never actually flooded, but during a really heavy rain, water seeps through a foundation wall or comes across the basement floor.

The fact that it only happens occasionally doesn't make the history disappear. If you're completing a seller's property disclosure that asks about basement moisture or leakage, answer the question honestly based on what you know about the property.

The same applies if you've taken steps to control the problem, such as installing a sump pump, French drain or other drainage system. Fixing or managing a water issue doesn't change the fact that there may be a history of water intrusion.

Potentially, yes. The fact that New Hampshire doesn't have a blanket law requiring sellers to disclose every known property defect doesn't give a seller permission to lie about or intentionally conceal a known water problem.

Problems can arise when a seller makes an inaccurate statement about the property, answers a disclosure question incorrectly or takes steps to hide a condition from a buyer. Depending on the circumstances, that can lead to disputes or even legal claims after the sale.

There's also an important distinction when you're working with a real estate agent. New Hampshire licensees have their own legal obligation to disclose material property conditions they actually know about. So if you tell your listing agent about a recurring basement water issue, your agent can't simply agree to keep a material condition from prospective buyers.

New Hampshire doesn't have a blanket law requiring home sellers to disclose every known defect, including every instance of basement water. But that shouldn't be interpreted as a reason to hide a known problem.

If your basement gets water during heavy rain, be upfront about what you know. Answer disclosure questions truthfully, explain when the water occurs and disclose any work you've done to address it.

In my experience, buyers can often work with a known issue. A problem that shows up after closing and wasn't discussed is much more likely to become a bigger problem for everyone.

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New Hampshire RSA Chapter 477 – Conveyances of Realty and Interests Therein

This is the statute identifying specific information NH sellers must disclose for 1–4 family residential properties, including private water, private sewage, insulation, flood-hazard-zone status and underground heating-oil tanks.

New Hampshire RSA 331-A:25-b – Seller Agent; Duties
This is the statute requiring a seller's real estate licensee to disclose material physical, regulatory, mechanical or on-site environmental conditions the licensee actually knows about before a prospective buyer makes a written offer.