Title XXXI, Trade and Commerce

As used in this chapter the following words shall have the following meanings unless the context clearly requires otherwise: I. "Dispose" or "disposition" refers to any sale, contract, assignment, or any other voluntary transfer of a legal or equitable interest in a lot, parcel, …

As used in this chapter: I. [Repealed.] II. "Conversion" means a change in the character of residential real property from a rental to an ownership basis. A condominium, stock cooperative or other similar arrangement shall be deemed ownership in character. III. "Disabled tenant" …

As used in this chapter the following terms shall have the following meaning: I. "Commodity" shall include tangible or intangible property, real, personal, or mixed. II. "Government entity" shall include the state of New Hampshire and its political subdivisions. III. "Person" sha…

The declaration and bylaws and any amendments to either made pursuant to RSA 356-B:33 shall be duly executed by or on behalf of all of the owners and lessees of the submitted land. But the phrase "owners and lessees" in the preceding sentence and in RSA 356-B:25 does not include,…

If a tenant refuses to pay a permissible rent increase under RSA 356-C:6, I(a), or brings an action under RSA 356-C:9, I, on grounds found by a court in either case to be frivolous or solely for the purposes of harassment, the tenant shall be liable to the owner for any costs inc…

I. The attorney general shall have the power to examine witnesses and documents for the purpose of enforcing the provisions of this chapter. II. If the attorney general believes a person under investigation for violation of the provisions of this chapter may have information or b…

I. [Repealed.] II. If it appears that any person has engaged or is about to engage in any false, deceptive or misleading advertising to offer or dispose of any lot, parcel, unit or interest in subdivided lands, the attorney general may require by written notice the filing of adve…

All amendments and certifications of condominium instruments shall set forth the name of the condominium, the name of the town or city and county in which the condominium is located, and the deed book and page number where the first page of the declaration is recorded. All condom…

I. The attorney general may: (a) Make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the…

I. Any person threatened with injury or damage to his business or property by reason of a violation of this chapter may institute an action or proceeding for injunctive relief when and under the same conditions and principles as injunctive relief is granted in other cases. II. An…

I. If the attorney general determines after notice and hearing that a person has: (a) Violated any provisions of this chapter; (b) Directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotional, or sales methods to offer…

Except to the extent otherwise provided by the condominium instruments: I. The terms defined in RSA 356-B:3 shall be deemed to have the meanings therein specified wherever they appear in the condominium instruments unless the context otherwise requires. II. To the extent that wal…

I. A civil action commenced pursuant to RSA 356:4-a to recover a civil penalty is barred if not commenced within 4 years after the cause of action accrues. II. An action commenced pursuant to RSA 356:4-c and RSA 356:11 to recover damages is barred if it is not commenced within 4 …

I. A registration may be revoked after notice and hearing upon a written finding of fact that the subdivider has: (a) Failed to comply with the terms of a cease and desist order; (b) Been convicted after final appeal in any court subsequent to the filing of the application for re…

For the purposes of this chapter, "person" shall mean an individual, corporation, trust, estate, partnership, association, or any other legal entity.

The condominium instruments shall be construed together and shall be deemed to incorporate one another to the extent that any requirement of this chapter as to the content of one shall be deemed satisfied if the deficiency can be cured by reference to any of the others. In the ev…

I. Any person aggrieved by a decision or action of the attorney general may, by petition, appeal from said decision or action to the superior court for review. The superior court may affirm, reverse, or modify the decision or action of the attorney general as justice may require.…

I. All provisions of the condominium instruments shall be deemed severable, and any unlawful provision thereof shall be voided. II. No provision of the condominium instruments shall be deemed void by reason of the rule against perpetuities. III. No restraint on alienation shall d…

In any action or prosecution under this chapter, the courts may be guided by interpretations of the United States' antitrust laws.

I. The declarant, the board of directors, every unit owner, and all those entitled to occupy a unit shall comply with all lawful provisions of this chapter and all provisions of the condominium instruments. Any lack of such compliance shall be grounds for an action or suit to rec…

Any person who wilfully violates any provision of RSA 356-A or of a rule adopted under it or any person who wilfully, in an application for registration, makes any untrue statement of a material fact or omits to state a material fact shall be guilty of a class B felony if a natur…

I. Any subdivider who disposes of any lot, parcel, unit or interest in subdivided lands in violation of this chapter, or who in disposing of any lot, parcel, unit or interest in subdivided lands makes an untrue statement of a material fact, or who in disposing of any lot, parcel,…

I. The declaration for every condominium shall contain the following: (a) The name of the condominium, which name shall include the word "condominium" or be followed by the words "a condominium"; (b) The name of the town or city and county in which the condominium is located; (c)…

I. Definitions. In this section: (a) "Prohibited listing agreement" means a contract or agreement between a provider and an owner under which the owner agrees to list the owner's residential real estate for sale and that contains any of the terms or requirements set forth in para…

If a prohibited listing agreement is recorded in violation of RSA 356-A:16-a, a party with an interest in the residential real estate that is the subject of the prohibited listing agreement may recover actual damages, costs, and attorney's fees as may be proven against the party …

Dispositions of subdivided lands are subject to this chapter, and the superior courts of this state have jurisdiction in claims or causes of action arising under this chapter if: I. The subdivided lands offered for disposition are located in this state; or II. The subdivider's pr…

I. The declaration may allocate to each unit depicted on site plans and floor plans that comply with RSA 356-B:20, I and II an undivided interest in the common areas proportionate to either the size or value of each unit. II. Otherwise, the declaration shall allocate to each such…

In the proceedings for extradition of a person charged with a crime under this chapter, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other state.

I. If a condominium contains any convertible land or is an expandable condominium, then the declaration shall not allocate undivided interests in the common areas on the basis of value unless the declaration: (a) Prohibits the creation of any units not substantially identical to …

I. Service may be made by delivering a copy of the process to the office of the attorney general but it is not effective unless the plaintiff (which may be the attorney general in a proceeding instituted by him): (a) Forthwith sends a copy of the process and of the pleading by ce…

I. All assignments and reassignments of limited common areas shall be reflected by the condominium instruments. No limited common area shall be assigned or reassigned except in accordance with this chapter. No amendment to any condominium instrument shall alter any rights or obli…

I. This chapter shall apply to all condominiums and to all condominium projects. This chapter shall be deemed to supersede RSA 479-A, the New Hampshire Unit Ownership of Real Property Act; and no condominium shall be established under the latter on or after September 10, 1977. Th…

There is hereby added to the department of justice, consumer protection and antitrust bureau, such assistant attorneys general, investigators, clerical, stenographic and other staff as the attorney general may appoint within the appropriation made therefor. Said staff shall enfor…

I. Every contract, combination, or conspiracy in restraint of trade is unlawful. II. Every contract, combination, or conspiracy is unlawful which has the purpose or the effect of: (a) Fixing, controlling or maintaining prices, rates, quotations or fees in any part of trade or com…

I. This chapter shall apply to the conversion of all residential real property in the state of New Hampshire except: (a) The conversion of any building, building complex or manufactured housing park having 10 or fewer than 10 dwelling units; provided, however, that, if the conver…

No member of the consumer protection and antitrust bureau, department of justice or any partnership, firm or corporation with which a member is associated shall act as subdivider, agent, attorney or broker of a subdivision, lot, parcel, unit or interest therein or offer or dispos…

I. There shall be recorded simultaneously with the declaration one or more site plans of survey showing the location and dimensions of the submitted land, the location and dimensions of any convertible lands within the submitted land, the location and dimensions of any existing i…

This chapter may be cited as the Land Sales Full Disclosure Act.

Floor plans previously recorded pursuant to the provisions set forth in RSA 356-B:16, II and III may be used in lieu of new floor plans to satisfy in whole or in part the requirements of RSA 356-B:18, II, RSA 356-B:23, II and/or RSA 356-B:25 if certifications thereof are recorded…

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the …

To the extent that any unit or common area encroaches on any other unit or common area, whether by reason of any deviation from the site plans and floor plans in the construction, repair, renovation, restoration, or replacement of any improvement, or by reason of the settling or …

I. The declarant may convert all or any portion of any convertible land into one or more units or limited common areas, or both, subject to any restrictions and limitations which the condominium instruments may specify. Any such conversion shall be deemed to have occurred at the …

I. The declarant may convert all or any portion of any convertible space into one or more units or common areas, or both, including, without limitation, limited common areas, subject to any restrictions and limitations which the condominium instruments may specify. Any such conve…

No condominium shall be expanded except in accordance with the provisions of the declaration and of this chapter. Any such expansion shall be deemed to have occurred at the time of the recordation of site plans and floor plans pursuant to RSA 356-B:20, III, together with an amend…

No condominium shall be contracted except in accordance with the provisions of the declaration and of this chapter. Any such contraction shall be deemed to have occurred at the time of the recordation of an amendment to the declaration, executed by the declarant, containing a leg…

Subject to any restrictions and limitations the condominium instruments may specify, the declarant shall have a transferable easement over and on the common areas for the purpose of making improvements on the submitted land and any additional land pursuant to the provisions of th…