New Hampshire License Law
Under NH RSA 331-A, a licensee who discovers that the property they are listing has an illegal accessory dwelling unit (ADU) that was not disclosed by the seller should:
AList the property and not mention the illegal ADU
BDisclose the material fact to prospective buyers as it affects the property's legal use and value✓ Correct
COnly disclose if a buyer specifically asks about ADUs
DCancel the listing immediately without any further obligation
Explanation
The existence of an illegal ADU is a material fact that affects the property's legal use and value and must be disclosed to prospective buyers. NH licensees are required to disclose material facts they know or should know, regardless of whether they are asked.
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