Who is responsible for ensuring the property is free of liens prior to closing in New Hampshire?

In New Hampshire, the responsibility for ensuring that a property is free of liens prior to closing falls on the seller. It is the seller's obligation to provide clear title to the buyer at the time of sale. This means that the seller must conduct due diligence to identify and resolve any existing liens that could affect the ownership or marketability of the property being sold.

Typically, the process involves obtaining a title search, which reveals any encumbrances, such as liens or judgments, associated with the property. The seller must then take necessary actions to clear these liens, such as paying off debts or negotiating with creditors. If any liens remain unresolved by the time of closing, the buyer may not be able to take full ownership of the property, potentially leading to legal complications or financial liabilities.

While other parties, like the buyer and the lender, have interests in ensuring a clear title, it ultimately rests with the seller to ensure that the property is free of liens so that a smooth transfer of ownership can occur. The real estate agent can assist in this process by guiding the seller and coordinating with title companies, but the ultimate responsibility lies with the seller.