New Hampshire · contract for deed
New Hampshire contract for deed, explained.
A plain-English guide to contract for deed (also called land contract) in New Hampshire — statute, recording, default remedies, interest caps, and where deals actually happen.
RSA 477 (conveyances/recording); no installment-contract-specific statute
Recordable in the registry of deeds for the county where the land lies under RSA 477:3-a. No statutory deadline; recording required for priority.
Hybrid. NH courts apply equitable-mortgage doctrine; forfeiture clauses scrutinized; foreclosure remedy if recharacterized as mortgage uses non-judicial power-of-sale framework (RSA 479).
Is contract for deed legal in New Hampshire?
Recognized at common law as 'bond for deed' or 'installment land contracts.' Used occasionally in rural northern NH and for owner-financed transactions.
How do you record a contract for deed agreement in New Hampshire?
Recordable in the registry of deeds for the county where the land lies under RSA 477:3-a. No statutory deadline; recording required for priority.
What happens if the buyer defaults?
Hybrid. NH courts apply equitable-mortgage doctrine; forfeiture clauses scrutinized; foreclosure remedy if recharacterized as mortgage uses non-judicial power-of-sale framework (RSA 479).
What is the maximum interest rate?
No general usury cap on most loans (RSA 336:1 sets legal rate at 10% in absence of agreement). Generally permissive for written agreements.
What disclosures are required?
Property Disclosure Statement (RSA 477:4-a et seq.) for residential 1-4 unit; lead-paint disclosure (state and federal); radon and arsenic notice (RSA 477:4-c).
Who's protected — buyer vs. seller
Buyer protections
Equitable-mortgage doctrine; comprehensive residential disclosure regime; equitable redemption.
Seller protections
Title retention; non-judicial foreclosure available if recharacterized; specific performance.
Where in the state do these deals happen?
Occasional rural northern/western NH parcels, intra-family transfers, recreational properties.
Notable case law
Research needed for definitive NH Supreme Court precedent.
Looking at a New Hampshire deal?
Send the parcel and the terms — we'll walk through whether contract for deed fits, how to record it, and what the cure period looks like if things go sideways.
Talk to WyattEducational content only. Statute citations are public-record research, not legal advice. New Hampshire contracts and remedies are fact-specific — consult a licensed New Hampshire real-estate attorney before signing anything.