August 5, 2024
By Jennifer Gilbert, NHDES Coastal Program
On July 19, 2024, Governor Sununu signed HB 1320 into law. The new law requires that prior to the execution of a purchase and sale agreement for real property that flood risks be disclosed to the buyer. Representative Chris Muns (Rockingham – District 29) of Hampton was the prime bill sponsor. Although the bill unanimously passed the House, the original bill was significantly amended in committee. The bill also unanimously passed in the Senate with an amendment. The following is a summary of the amended bill’s notification requirements.
Effective July 19, 2024: RSA 477:4-d requires prior to or during the preparation of an offer for the purchase and sale of any interest in real property to be used or proposed to be used for a one to four family dwelling, the seller shall disclose, in writing, to the buyer information related to private water supply system, private sewage disposal system, and insulation. The buyer shall acknowledge receipt of the disclosure by signing a copy of the disclosure. The new law requires the addition of Item I (d) to this statute, which requires the seller to also disclose, in writing, “information relative to the property being located in a federally designated flood hazard zone.”
Effective January 1, 2025: RSA 477:4-a requires prior to the execution of any contract for the purchase and sale of any interest in real property which includes a building, the seller, or seller’s agent, shall provide notification to the buyer about radon, arsenic, and lead. The buyer shall acknowledge receipt of this notification by signing a copy of such notification. The new law requires the addition of the following new section to Item I of this statute, which requires notification of flood.
“Flood: Properties in coastal areas and along waterways may be subject to increased risk of flooding over time. A standard homeowners insurance policy typically does not cover flood damage. The buyer is encouraged to determine whether separate flood insurance is required and consult the Federal Emergency Management Agency’s flood maps (FEMA.GOV) in order to determine if the property is in a designated flood zone.”
Another bill that will amend this statute and become effective on the same date is HB 398. This bill was signed into law by Governor Sununu on July 3, 2024, and requires notice of poly – and perfluoroalkyl substances (PFAS) contamination prior to the sale of real property.
Photo credit: Kirsten Howard