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What is a Septic Design & How to Read One

A septic design is a detailed plan for the installation or replacement of a septic system, which treats and disposes of wastewater in areas without access to municipal sewage. Understanding these designs can be valuable, especially if you’re building or buying a property where a septic system is required. Let's break down the basics of what a septic design includes and how to interpret its essential elements.

What is a Septic Design?

A septic design is a technical drawing that maps out the location, components, and specifications of a septic system on a particular property. It’s typically created by a certified designer or engineer and must comply with local environmental and health regulations. The design includes information on the tank size, soil conditions, and other details to ensure proper wastewater treatment without risking contamination to nearby water sources.

Key Components of a Septic Design

  1. Site Layout
    The design will include a layout showing property boundaries, structures (like the house, garage, and driveway), and other key features (trees, wells, or bodies of water). This overview helps determine safe distances from sensitive areas, as regulations often require specific setbacks from wells or water bodies.

  2. System Components
    The core parts of a septic system are the septic tank, drain field (or leach field), and distribution box:

    • Septic Tank: This is where wastewater from the home enters and where solids settle to form sludge while liquids move on to the drain field.
    • Drain Field: This area disperses the liquid effluent into the ground through a series of pipes or trenches, allowing natural soil filtration to occur.
    • Distribution Box: This box evenly distributes the wastewater from the tank to the various parts of the drain field.
  3. Soil and Percolation Data
    Soil conditions play a crucial role in septic design, affecting how well the system will perform. A septic design often includes:

    • Test Pit Data: This section reveals the soil type and texture (like sandy loam or clay) and provides percolation test results, which show how quickly the soil absorbs water.
    • Seasonal High Water Table: This indicates how high groundwater rises seasonally, crucial for preventing contamination.
  4. Elevation and Slope Information
    Elevation points on a septic design indicate the height of specific areas in feet, which is necessary for systems relying on gravity. The slope of the land also affects where and how the system can be installed, ensuring wastewater flows smoothly without backlogging.

  5. Additional Notes and Specifications
    Designs often come with notes detailing system requirements, maintenance suggestions, and warnings about what could potentially shorten system life. For example, the design may advise avoiding toxic chemicals or water softeners that can disrupt bacteria essential for breaking down waste in the tank.

How to Read a Septic Design

Reading a septic design requires focusing on specific symbols and annotations. Here are tips to interpret some typical sections and elements:

  1. Legend and Symbols
    Look for the legend, which explains the symbols used in the design, such as indicators for water lines, test pit locations, and setback lines. For example, an “Iron Pipe” or “Well” symbol will help you identify nearby structures or utilities.

  2. Contours and Elevations
    Septic designs often use contour lines to show changes in land elevation. Each line represents a specific height, helping you understand the natural slope of the land. Elevation data helps ensure the system is installed at the right height, which is especially important if the system relies on gravity for wastewater flow.

  3. Tank Size and Location
    The size and location of the tank are marked, often with a label like “1250 Gallon Septic Tank.” The tank placement must comply with distance regulations, such as being 10–25 feet away from structures or wells, to minimize contamination risks.

  4. Drain Field Details
    The layout of the drain field will show where pipes disperse liquid effluent into the ground. Pay attention to the number and length of drain pipes and the spacing between them; these details are calculated based on the property’s daily water usage.

  5. Maintenance Recommendations
    Many designs include a note section recommending routine inspections, cleaning schedules, and tips for preventing issues. For example, annual inspections and pumping every 3–5 years are typically advised to extend the system’s lifespan.

Why Septic Designs Matter

A well-designed septic system is crucial for managing household waste safely and sustainably. Septic designs provide peace of mind by detailing a system that meets health and environmental regulations, prevents pollution, and minimizes repair risks. By understanding how to read a septic design, homeowners can make informed decisions during installation and ensure ongoing proper maintenance.

With this guide, you’re now better prepared to read and understand the details of a septic design, whether for buying a new property or managing your current one.

Understanding How Probate Works in Real Estate Sales

When it comes to selling a property after a loved one’s passing, you may encounter the legal process known as probate. Probate is the court-supervised procedure that transfers a deceased person's assets, including real estate, to their heirs or designated beneficiaries. Selling real estate during probate can sometimes be complex, but understanding the steps can help make the process smoother. Here's an overview of how probate works when it comes to real estate sales.

1. What Is Probate?

Probate is essentially the legal process of settling an individual’s estate after their death. During this process, the court validates the deceased’s will (if there is one), identifies and inventories their assets, pays off any debts, and distributes what’s left to the rightful heirs. The process helps ensure that assets are properly managed and passed on as intended, providing a layer of security for both creditors and beneficiaries.

2. Probate and Real Estate: Why It Matters

Real estate often forms a significant part of someone’s estate, and probate can dictate how and when the property can be sold or transferred. When a property is in probate, it may have certain restrictions, especially if there’s no clear title or if the estate owes debts that need to be settled before assets are distributed. Depending on the state, you might need approval from the probate court to move forward with a sale. For heirs, understanding the probate process is essential to avoid delays or legal issues when selling the property.

3. Roles in the Probate Process

  • Executor or Administrator: If the deceased left a will, the executor is responsible for managing the estate. If there is no will, the court will appoint an administrator. This person plays a central role, handling all necessary tasks for the estate, including real estate transactions.
  • Court Oversight: The probate court oversees the process to ensure the executor or administrator follows the deceased’s wishes or, in the absence of a will, that the assets are distributed according to state laws.

4. The Probate Real Estate Sale Process

  • Step 1: Appraise the Property
    Probate sales often require a formal appraisal to determine the property's fair market value. This is to ensure that the property is sold for a reasonable price, protecting the estate and its beneficiaries.

  • Step 2: Seek Court Approval
    In many cases, the executor or administrator must petition the court to approve the sale. This process can vary significantly depending on the state, as some require more oversight than others.

  • Step 3: Marketing and Listing the Property
    Once the court gives the green light, the property can be listed for sale. Executors or administrators may work with a real estate agent experienced in probate sales to find a buyer.

  • Step 4: Accepting Offers and Obtaining Final Approval
    When an offer is made, it usually needs to be presented to the probate court. Some states allow for a private sale (like a standard transaction), but others may require a public auction or court confirmation.

  • Step 5: Closing the Sale
    After all necessary approvals, the sale can close like any other real estate transaction. The proceeds from the sale are then used to pay off any remaining debts of the estate, and the rest is distributed to beneficiaries according to the will or state law.

5. Challenges in Probate Real Estate Sales

Probate can sometimes take months or even years, depending on the complexity of the estate, local laws, and any disputes among heirs. Real estate sales may face delays due to required appraisals, court approvals, or debt settlements. Additionally, selling a home in probate may be emotional for the family involved, adding a layer of difficulty to the process.

6. How to Make the Probate Process Easier

If you’re handling the sale of a probate property, here are some steps to ease the process:

  • Consult with Professionals: Working with a probate attorney and a real estate agent experienced in probate sales can help you navigate the paperwork, court requirements, and potential complications.
  • Stay Organized: Probate sales often involve detailed paperwork, multiple deadlines, and court dates. Keeping thorough records and staying on top of deadlines can reduce stress and speed up the process.
  • Be Transparent with Buyers: Buyers need to understand the probate process to avoid unexpected delays or frustrations. An agent familiar with probate sales can help set expectations with potential buyers.

While probate real estate sales can feel overwhelming, understanding the basics of the process can provide some clarity. Whether you’re the executor of an estate or a beneficiary, knowing what to expect can help make the experience more manageable. By working with the right professionals, keeping organized, and following the legal steps, you can help ensure that the real estate transaction goes as smoothly as possible.

Understanding the NH Purchase & Sale Agreement

In NH, we typically use a purchase & sale agreement as the first step of an offer.  That differs from MA where the Letter of Intent or Offer to Purchase start the process.  Here are some of the basics of the NH Purchase & Sale Agreement.  If you'd like to review a blank copy, just email me & I will send one to you.

Here's an expanded version of each section of the New Hampshire Purchase & Sale Agreement (P&S), along with examples to illustrate how they work in real-life scenarios:


1. Parties Involved (Section 1)

This section identifies the buyer and seller, including their names and addresses. Both parties are agreeing to be part of this transaction. For example, John Doe, a buyer, and Sarah Smith, the seller, are entering a legally binding agreement where John will purchase Sarah’s property.


2. Property Information (Section 2)

This section specifies the location and legal description of the property being sold. It ensures both parties are on the same page about what is being bought and sold. For example, John is buying a single-family home at 123 Main Street, Conway, NH. The legal description helps avoid any confusion about which property is involved, especially if it shares a lot or boundary with another.


3. Purchase Price and Deposit (Section 3)

This outlines the purchase price and earnest money deposit required. It breaks down the timeline for the buyer to submit the deposit, typically held in escrow. For instance, if John agrees to buy Sarah’s house for $350,000, he may provide a $5,000 earnest money deposit to show he’s serious. This deposit is held by the real estate firm until closing.


4. Deed and Title (Sections 4 and 9)

This section discusses the type of deed the seller will provide, typically a marketable title free of encumbrances. It also outlines the title examination process. For example, when John buys Sarah’s house, the title company will ensure there are no outstanding liens or claims on the property, like unpaid taxes, before the transaction can be completed.


5. Transfer of Title and Closing Date (Sections 5 and 6)

This defines when the title will transfer to the buyer and the agreed-upon closing date. It also confirms that full possession of the property will be transferred to the buyer at closing. John might agree to close on Sarah’s property on December 15th, and by that date, Sarah must vacate the home, leaving it in "broom clean" condition for John.


6. Representation and Dual Agency (Section 7)

This section clarifies whether the buyer and seller are each represented by their own agent or if a dual agent represents both. For example, if Sarah’s agent is also representing John in the transaction, both must agree to dual agency to avoid any potential conflicts of interest.


7. Insurance (Section 8)

The seller is required to maintain insurance on the property until the sale is finalized. If a fire or flood happens before closing, the insurance payout can either repair the damage or allow the buyer to back out. For example, if Sarah’s house suffers fire damage a week before closing, John could either accept the insurance payout or walk away from the deal and get his deposit back.


8. Prorations (Section 10)

This section handles the proration of taxes, utilities, and other property-related costs. It ensures the buyer and seller pay their fair share of expenses up to the closing date. For example, if closing happens halfway through the year, Sarah will pay property taxes for her time in the home, and John will cover the remainder of the year.


9. Property Inclusions and Disclosures (Sections 11 and 13)

Here, the agreement specifies what fixtures and personal property are included in the sale, such as appliances or built-in shelving. It also notes the receipt of property disclosures. For example, Sarah agrees to include the refrigerator and washer/dryer in the sale, and John has already reviewed the disclosure about the 10-year-old roof.


10. Radon, Arsenic, and Lead Paint (Section 12)

This section explains the risks and testing options for radon gas, arsenic, and lead paint. Buyers are encouraged to test for these hazards. For example, if John is buying an older home, he might order a lead paint test to ensure it’s safe for his young children.


11. Inspections and Contingencies (Section 14)

The buyer can conduct various inspections, such as for the home’s condition, pests, water quality, or radon levels. If issues arise, the buyer can negotiate repairs or cancel the deal. For instance, if John’s home inspector finds a leaking roof, John could ask Sarah to repair it before closing or adjust the sale price.


12. Due Diligence (Section 15)

The buyer has the right to review any easements, restrictions, or condo documents. If anything is unsatisfactory, they can terminate the agreement. For example, if John learns through due diligence that Sarah’s property is subject to a restrictive covenant prohibiting fences (but John wants to install one), he could back out of the deal.


13. Financing and Financing Contingency (Section 18)

This section outlines whether the agreement is contingent on financing, meaning the buyer must secure a loan for the purchase. If John can't obtain a mortgage by a specific date, he can back out of the deal without losing his deposit. However, if John doesn’t inform Sarah in time, he risks forfeiting his deposit.


14. Wire Fraud Alert

This section warns about the increasing risk of wire fraud during real estate transactions. For example, before John wires his down payment to Sarah’s escrow agent, he must call the office to verify the bank account details, ensuring it’s not a scam.


15. Additional Provisions and Addenda (Sections 19 and 20)

This section includes any extra provisions or addenda that are part of the deal. For example, if John and Sarah agree on additional items like a home warranty or specific repair obligations, they’ll be noted here.


16. Choice of Law and Venue (Section 21)

This clarifies that any legal disputes will be governed by New Hampshire law, and any lawsuits will be handled in New Hampshire courts.


17. Effective Date and Notice (Section 22)

The effective date is the date when the last party signs the contract and communicates that to the other party. All deadlines in the agreement are counted from this date. For example, if Sarah signs on November 1st and John signs on November 2nd, the effective date is November 2nd, and any deadlines (such as inspection periods or financing) are counted from there.

5 Must-See Hiking Trails Near Hart's Location, New Hampshire

Nestled in the White Mountains, Hart’s Location is a small, charming town surrounded by some of the most stunning natural landscapes in New Hampshire. For hiking enthusiasts, the area offers a range of trails that showcase the beauty of the White Mountain National Forest, with options suitable for all levels. Whether you’re looking for a challenging climb or a peaceful walk through the woods, here are five of the most popular trails in and around Hart’s Location.

1. Arethusa Falls Trail

  • Difficulty: Moderate
  • Distance: 2.8 miles round-trip
  • Highlights: Waterfall views

The Arethusa Falls Trail is a favorite for locals and visitors alike. This moderate hike leads you through a dense forest and rewards you with views of Arethusa Falls, one of the tallest waterfalls in New Hampshire. The trail can be steep in sections, but the views of the cascading falls and the surrounding foliage make it well worth the effort. It’s an excellent option for families or those looking for a classic White Mountains waterfall hike(

North Conway Foliage Guide

2. Ripley Falls Trail

  • Difficulty: Easy
  • Distance: 1.2 miles round-trip
  • Highlights: Scenic waterfall

Just a short drive from Hart’s Location, the Ripley Falls Trail is perfect for those looking for an easy, family-friendly hike. The trail is well-marked and takes you to Ripley Falls, a beautiful 100-foot waterfall tumbling down a rock face. It’s a short and sweet hike that packs a scenic punch, making it a popular choice for both locals and tourists(

North Conway Foliage Guide

3. Ethan Pond Trail

  • Difficulty: Moderate
  • Distance: 5.4 miles round-trip
  • Highlights: Mountain views and pond scenery

For a longer hike that offers a bit of everything, the Ethan Pond Trail is a great choice. Starting from the Willey House Station, this trail offers gradual inclines and takes hikers through picturesque woods, crossing streams and passing scenic views of surrounding mountains. The trail culminates at Ethan Pond, a serene spot perfect for picnicking or taking in the beauty of the White Mountains. This trail is also part of the Appalachian Trail, so it’s a great option for those interested in exploring sections of this iconic route(

North Conway Foliage Guide

4. Mt. Willey Trail

  • Difficulty: Strenuous
  • Distance: 5.4 miles round-trip
  • Highlights: Summit views

For hikers seeking a challenge, the Mt. Willey Trail offers a strenuous climb with a big payoff. This trail takes you up to the summit of Mt. Willey, where you’ll be rewarded with panoramic views of Crawford Notch and the surrounding peaks. The trail is steep, with some ladder sections, so it’s best for experienced hikers who are comfortable with more technical terrain. On a clear day, the summit offers some of the most stunning views in the White Mountains(

North Conway Foliage Guide

5. Nancy Pond Trail

  • Difficulty: Moderate to Strenuous
  • Distance: 8.6 miles round-trip
  • Highlights: Multiple ponds, waterfall views

The Nancy Pond Trail is a longer and more adventurous hike, ideal for those wanting to explore a less crowded trail with plenty of natural beauty. Starting from Route 302, the trail climbs steadily through the forest and passes by Nancy Cascades, a gorgeous waterfall that is especially striking after rainfall. Continuing further, the trail reaches Nancy Pond and Norcross Pond, two peaceful and picturesque spots that make for a perfect rest or picnic break. The total distance is longer, so it’s best for hikers prepared for a full day’s adventure(

North Conway Foliage Guide

Final Thoughts

Hart’s Location and the surrounding areas provide some of the most scenic and diverse hiking options in the White Mountains. From waterfalls to summit views, these trails offer something for everyone, whether you’re a seasoned hiker or a casual explorer. Make sure to bring plenty of water, sturdy footwear, and a map or GPS, as trail conditions can vary. Always check local weather and trail reports before heading out to ensure a safe and enjoyable hike.

If Hart's Location sounds like a great place to live, check out this listing on 1.8 private acres!

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Black Mountain Reveals Co-op Vision

Exploring Black Mountain: Jackson, New Hampshire’s Hidden Gem and Its Exciting New Co-op Vision

Tucked away in the scenic town of Jackson, New Hampshire, Black Mountain is a beloved ski area that offers both locals and visitors a chance to experience the best of New England’s winter wonderland. Known for its family-friendly atmosphere, classic trails, and stunning views of the White Mountains, Black Mountain has been a community treasure for decades. However, this year marks an exciting new chapter for the mountain as it embarks on a journey of transformation and growth with its recent acquisition and future plans for a co-op ownership model.

The Indy Pass Partnership

In a move to enhance its reach and appeal, Black Mountain has joined forces with Indy Pass, a collective pass program that provides access to independent ski resorts across North America. By becoming part of the Indy Pass network, Black Mountain is not only attracting a broader audience of skiers and riders but also reinforcing its identity as a unique, independent mountain that values the skiing community.

The partnership with Indy Pass allows pass holders to enjoy two days of skiing at Black Mountain (and at other participating resorts) without blackout dates, making it an appealing option for skiers looking to explore a range of destinations. This collaboration fits seamlessly with Black Mountain’s mission to maintain the classic New England ski experience while becoming part of a broader network that promotes independent ski culture.

Moving Toward Co-op Ownership: A Community-Focused Vision

One of the most exciting developments at Black Mountain is its goal to transition into a co-op ownership model. This change represents a shift toward a more community-driven and sustainable way of operating the mountain. Under the co-op structure, members of the public—whether they are local residents, regular visitors, or those who simply want to support an independent ski area—will have the opportunity to become owners of the mountain.

This ownership model empowers the community and ensures that decisions about the mountain’s future remain aligned with the interests of those who know and love it most. Co-op ownership also creates a sense of shared responsibility and pride among the members, fostering a tight-knit and passionate skiing community.

What’s Next for Black Mountain?

With the partnership with Indy Pass and the pursuit of co-op ownership, Black Mountain is positioning itself for a future that preserves its character while adapting to the evolving landscape of the ski industry. The co-op model is designed to support not just the mountain's operations but also its long-term growth and sustainability. Black Mountain’s management is currently working on structuring the co-op to maximize benefits for members, with perks likely to include discounted lift tickets, priority access to events, and voting rights on key decisions.

Why This Matters for the Community

For residents of Jackson and the greater North Conway area, Black Mountain’s transformation is more than just a business decision; it’s a commitment to the region’s skiing heritage and a nod to the local values of collaboration and community spirit. By opening up ownership to the community, Black Mountain is ensuring that its legacy as a family-friendly, classic New England ski destination will continue for generations to come.

Plan Your Visit

If you’re looking for an authentic ski experience with a laid-back atmosphere and stunning mountain views, Black Mountain should be on your winter adventure list. Whether you’re visiting for a day or considering becoming a co-op member, there’s no better time to explore what Black Mountain has to offer and be a part of its next chapter.

For more information about becoming a co-op member or planning your trip, visit Black Mountain’s website or follow their latest updates on social media.

https://www.blackmt.com/

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Conway Pauses Inspections - STR Group Pauses Lawsuit

A recent article in the Conway Daily Sun discussed the Conway Board of Selectmen's decision to temporarily pause their rental inspection program following ongoing legal disputes. The town had been inspecting rental properties for life safety compliance based on a program approved by voters in April, but the Mt. Washington Valley Association for Responsible Vacation Rentals filed a lawsuit against the town, claiming the inspections were unconstitutional, citing concerns over warrantless searches and overreach of authority.

In response, the selectmen voted to halt inspections and any issuance of Certificates of Compliance until a vote scheduled for April 2025. Property owners who had already paid for inspections will receive a credit for future inspections, and any additional costs will not be charged. The town's legal team and the association reached an agreement to pause the lawsuit while revisions to the town ordinance and inspection program are considered.

The association’s president, David Cavanaugh, argued that the ordinance was flawed and illegal, emphasizing that their lawsuit aimed to protect property rights rather than oppose safety regulations. He suggested the town consider voluntary safety inspections or educational programs instead of mandatory compliance. The association has also requested the town refund fees for inspections deemed unnecessary or based on the flawed program. The article concludes with the association's commitment to monitor the situation and potentially withdraw or reinitiate legal action as needed.

Link to the full story below:

https://www.conwaydailysun.com/news/local/town-pauses-rental-inspections-owners-suspend-lawsuit/article_dddfe48a-80c5-11ef-af56-63f4c92d1f02.html

The Best Week To Buy

Based on an article from Realtor.com, now is the best week of the year to buy a home.  Here is a link to the full article.

Here is a quick summary:

  • Best Time to Buy: The week of September 29 to October 5, 2024, is the best time to buy a home nationally.

  • Increased Inventory: Active listings could be up 37% from the start of the year, offering more options for buyers.

  • Potential Savings: Buyers could save over $14,000 on a median-priced home compared to summer peak prices.

  • Easing Mortgage Rates: Mortgage rates are expected to improve, making homes more affordable this fall.

  • Less Competition: Buyer competition typically decreases during this week, allowing for a more manageable market pace.

  • More Time on Market: Homes are staying on the market longer, giving buyers extra time to make informed decisions.

  • Regional Variations: Inventory increases are stronger in the South, with prices rising in the Northeast and Midwest.

  • Flexible Buying Strategies: Buyers prioritizing options should act early in the fall, while those focused on price savings might wait until later in the season.

  • Overall Favorability: This week offers a balance of favorable conditions, including reduced prices, plentiful listings, and less buyer competition.

Here is a link to the full article.

Why “Flushable” Wipes Are Still a No-Go for Your Septic System

Here is some advice after just going through a home inspection that was all jammed up with "flushable" wipes!

In recent years, flushable wipes have become a popular alternative to traditional toilet paper. They promise a more thorough clean and a convenient flush, but when it comes to your septic system, these wipes are still a major problem. Despite being labeled as “flushable,” these products can cause significant damage to your plumbing and septic system.

The Problem with “Flushable” Wipes

The term “flushable” can be misleading. While these wipes may go down the toilet with ease, they don’t break down the way toilet paper does. Instead, they maintain their structure, leading to clogs and buildup in your septic system.

Unlike toilet paper, which disintegrates quickly in water, flushable wipes are designed to be stronger and more durable. This durability is what makes them problematic for septic systems. When these wipes enter the septic tank, they don’t break apart as expected. Instead, they accumulate and can cause blockages that disrupt the entire system.

How Flushable Wipes Affect Your Septic System

Your septic system is designed to handle wastewater, toilet paper, and human waste. Anything beyond this, such as wipes, feminine hygiene products, or even excessive amounts of paper, can cause problems. When flushable wipes enter the septic tank, they can:

  1. Clog Pipes: As these wipes move through your plumbing, they can get stuck, causing slow drains and blockages.

  2. Fill the Tank: Since they don’t break down, these wipes take up space in your septic tank, reducing its efficiency and requiring more frequent pumping.

  3. Cause Costly Repairs: Blockages and backups caused by flushable wipes can lead to expensive repairs or even the need for a complete septic system replacement.

Best Practices for a Healthy Septic System

To protect your septic system, it’s best to avoid flushing anything other than toilet paper and human waste. Here are some tips to keep your system running smoothly:

  1. Dispose of Wipes in the Trash: Even if the packaging says “flushable,” place used wipes in the trash. This simple step can prevent clogs and system failures.

  2. Educate Household Members and Guests: Make sure everyone in your household knows not to flush wipes, even if they’re labeled as safe for flushing.

  3. Schedule Regular Maintenance: Regular septic system inspections and pumping can help identify issues before they become major problems.

  4. Use Septic-Safe Products: Stick to toilet paper that is labeled as septic-safe. These products break down more easily and won’t contribute to blockages.

Conclusion: Protect Your Septic System

Flushable wipes might seem convenient, but they pose a serious risk to your septic system. To avoid clogs, backups, and costly repairs, it’s best to keep them out of your toilet and dispose of them in the trash. By following these simple guidelines, you can ensure the longevity and health of your septic system, keeping your home running smoothly.

STR Rental Inspections on HOLD for now

Here is a summary of an article that was published in the Conway Daily Sun recently.  You can read the full article here

The recently adopted rental inspection ordinance in Conway has hit a legal snag that prevents its enforcement until an amendment can be made at the next town meeting. This comes as the town faces a lawsuit from the Mt. Washington Valley Association for Responsible Vacation Rentals.

Background and Current Situation: At the Sept. 3 Selectmen’s meeting, Deputy Town Manager Paul DegliAngeli announced that the town would not take action against landlords out of compliance with the new rental inspection plan until the ordinance is updated and the lawsuit is resolved. The main issue lies in the ordinance’s wording, which does not correctly cite the relevant state laws.

The ordinance, which was approved by voters, needs to be amended to include references to specific state statutes, such as RSA Chapter 31, which pertains to the town’s ability to enact bylaws. The current version lacks this necessary verbiage, which has led to confusion and legal challenges. DegliAngeli stated that while the ordinance is not believed to be illegal, the town wants to clarify its language before moving forward.

Legal Actions and Reactions: This revelation surprised David Cavanaugh, president of the rental association, who noted that the town's intention to pause enforcement for ordinance adjustments was unexpected. The association, alongside White Mountain Properties, LLC, filed a lawsuit in August arguing that the rental inspection program was implemented without proper legal authority from the state. They are also challenging the town on the grounds of warrantless inspections and seeking to prevent the enforcement of the program.

Next Steps: To address the issue, the town plans to draft a letter explaining the situation to rental property owners. This letter will be presented at the next Selectmen’s meeting on October 1. Meanwhile, the town has received a two-week extension to respond to the lawsuit, with their new deadline being September 30. The first court hearing is scheduled for October 15 in Belknap Superior Court.

Looking Forward: The town aims to amend the rental ordinance at the 2025 town meeting to include the correct citations and set a fine schedule. Until then, enforcement of the rental inspection program remains on hold. This situation underscores the importance of precise legal language in local ordinances and the potential complexities that can arise when implementing new regulations.

For landlords and renters in Conway, this means a continued period of uncertainty. Stay tuned for updates as the town works to resolve these legal challenges and clarify the future of the rental inspection program.

Changes to the waterfront site assessment

As of September 1, 2024, significant changes have been made to New Hampshire's waterfront septic system regulations. Governor Chris Sununu signed into law House Bill 1113, which shifts the responsibility for septic inspections from sellers to buyers during the transfer of waterfront properties. This blog post will walk you through the key aspects of the new law and what it means for both buyers and sellers of waterfront homes.

Key Changes Under House Bill 1113

Previously, sellers of waterfront properties were required to perform a septic site assessment before selling. However, the new law eliminates that requirement. Now, buyers are responsible for ensuring that a septic inspection is performed prior to the transfer of property. This change applies to any property with a septic system located within 250 feet of a water body such as lakes, rivers, or coastal waters.

What Does This Mean for Sellers?

Sellers no longer need to conduct a septic assessment. Instead, they must allow the buyer to perform the septic inspection. This makes the selling process simpler but still requires coordination with the buyer, particularly if the septic system is in need of repair.

What Does This Mean for Buyers?

Buyers are now responsible for arranging a septic inspection as part of their due diligence. This inspection must be performed by a licensed septic evaluator. The buyer can accept a recent septic inspection from the seller as long as it was conducted within 180 days of the transfer date.

If the inspection reveals that the septic system is failing, the system must be repaired or replaced within 180 days after the property transfer. Both parties can negotiate who will bear the costs for this.

Do All Buyers Need to Perform a Septic Inspection?

No. The new law only mandates inspections if any portion of the septic system is within 250 feet of the reference line, which includes high-water marks of lakes or ponds over 10 acres, coastal waters, or fourth-order or higher rivers.

Special Considerations for Older Septic Systems

If the property’s septic system was never approved by the New Hampshire Department of Environmental Services (NHDES) or was approved before September 1989, a licensed septic system designer must evaluate the system to determine its condition.

Why Was This Law Passed?

This legislative change was driven by concerns over environmental protection, particularly regarding water quality. Cyanobacteria outbreaks, which are harmful to aquatic ecosystems, are often worsened by phosphorus runoff from malfunctioning septic systems. The new law aims to ensure that septic systems near New Hampshire’s water bodies are functioning properly and not contributing to this problem.

For More Information

For any questions or more details on the new septic inspection requirements, contact the NH Department of Environment Subsurface Systems Bureau at 603-271-3501.

Lock in your price - Save if rates drop with Rate Rebound

If you’ve been on the fence about buying a home because of rising interest rates, the Rate Rebound Program could be just the solution you’ve been waiting for. This unique program provides buyers with the peace of mind that, if interest rates drop in the future, they can refinance and get the lower rate—without paying a bundle in lender fees. But the key point here is that waiting for rates to drop before buying could actually cost you more in the long run. Here’s why:

The Impact of Falling Interest Rates

When interest rates fall, it often leads to an increase in buyer demand. More people want to take advantage of the lower rates, meaning more competition for available homes. This surge in demand can drive up home prices. So, while you might be hoping to save on a lower rate by waiting, you could end up paying a higher price for the same home.

Lock in Today’s Prices with Future Rate Protection

With the Rate Rebound Program, you can purchase a home now and lock in today’s prices while knowing you have the opportunity to refinance at a lower rate later. Here’s how it works:

  • Rate Rebound allows you to refinance your loan if rates drop after your purchase, without the burden of typical lender fees like processing fees, administrative fees, appraisal fees, or credit report fees.
  • You can refinance any time from six months to five years after closing, as long as the new rate provides a tangible benefit, such as a 0.5% rate reduction.
  • Plus, CMG Home Loans will cover up to $1,000 of third-party fees, making the refinance process even more affordable.

Why It’s Smart to Act Now

By buying now, you’re securing your home at today’s price. If interest rates decrease, you’ll have the flexibility to refinance without all the extra fees, putting you in a great financial position. And if rates don’t drop, you’ll still have the security of knowing you bought a home at a lower price before increased buyer demand pushes prices higher.

In summary, waiting for lower interest rates could mean paying more for your dream home. The Rate Rebound Program gives you the best of both worlds: locking in a home at today's prices with the chance to refinance and save later if rates fall.

If you’d like more information or are ready to explore your options, reach out to us at North Conway Realty or Kaylie at CMG Mortgage (603-323-0992) or kdean@cmgfi.com

Bartlett, NH Real Estate - 2024 Market Update

Bartlett Real Estate – A 2024 Market Update Deep Dive

Whether you're looking for a single-family home or a condo, staying up-to-date on market trends is essential. Here's an in-depth look at the current state of the market, based on data from January 1, 2024, through September 4, 2024.

Bartlett Single-Family Homes

The single-family home market in Bartlett remains steady, with 25 homes currently on the market:

  • Median Price: $650,000
  • Median Days on Market: 49
  • Price Range: The least expensive home is listed at $215,000, while the most expensive is at $3,000,000.

In addition to the active listings, 10 homes are currently under contract:

  • Median Price of Pending Sales: $984,500
  • Median Days on Market: 52
  • Noteworthy Listings: Three of these pending properties are new construction, priced at $1,200,000.

Sales Data So Far in 2024

So far this year, 37 single-family homes have sold in Bartlett:

  • Median Sale Price: $525,000
  • Median Days on Market: 15
  • Sales Price Range: The least expensive sale was for $269,000, while the most expensive sold for $2,350,000.

With 37 sales in the first eight months of 2024, Bartlett averages about 4.6 sales per month. Currently, there are 25 active listings, giving the market around 5.4 months of supply. This points to a balanced market, where neither buyers nor sellers have a strong upper hand.


Bartlett Condos

The condo market in Bartlett offers a variety of options as well. Currently, 19 condos are listed (excluding timeshares):

  • Median Price: $375,000
  • Median Days on Market: 31
  • Price Range: The least expensive condo is listed at $220,000, while the most expensive is at $700,000.

Additionally, 12 condos are under contract, and here’s a breakdown of those pending sales:

  • Median Price of Pending Sales: $427,450
  • Median Days on Market: 72
  • Pending Sales Price Range: From $300,000 to $650,000

2024 Condo Sales Performance

In the first eight months of 2024, there have been 41 condo sales:

  • Median Sale Price: $410,000
  • Median Days on Market: 17, indicating strong buyer interest.
  • Sales Price Range: The least expensive condo sold for $205,000, while the highest-priced condo sold for $915,000.

With 41 sales in the first 8 months, the condo market averages 5.1 sales per month. Given that there are 19 active listings, Bartlett's condo market has approximately 3.7 months of supply, making it more seller-friendly than the single-family market. This lower inventory tends to favor sellers, giving them the advantage of quicker sales and possibly stronger pricing power.


What This Means for You

The 2024 Bartlett real estate market presents a mix of balanced opportunities for single-family homes and a more competitive edge for condo sellers. For buyers, the single-family home market offers more breathing room with a balanced supply, while condo buyers may need to act more swiftly in a seller-favorable environment.

If you’re considering listing your property, the data shows a healthy, active market with homes and condos moving at a reasonable pace. On the flip side, if you’re looking to buy, staying informed and ready to move quickly—especially in the condo market—will be essential.

As always, if you have any questions or need help navigating the Bartlett real estate market, don’t hesitate to reach out. Whether you’re buying or selling, I’m here to assist!

Written Buyer Agreements Just to See a House???

If you're in the market to buy a home, you've probably noticed that things have changed a bit. Starting August 17, 2024, there's a new requirement for homebuyers working with real estate professionals—specifically those who are REALTORS®. You might be asked to sign a written buyer agreement, and if you're wondering why or what this means for you, you're in the right place. Let’s break it down in a way that’s easy to understand.

What Exactly Is a Written Buyer Agreement?

A written buyer agreement is essentially a contract between you, the homebuyer, and your real estate professional. This agreement outlines the services your agent will provide, as well as the compensation they’ll receive for those services. It’s a way to ensure that both you and your agent are on the same page from the get-go.

Why Am I Being Asked to Sign This Agreement?

This requirement stems from a recent change initiated by the National Association of REALTORS®. As part of a proposed settlement of litigation related to broker commissions, it’s now necessary for real estate professionals to have a written agreement in place with their clients. This is a nationwide change that took effect on August 17, 2024.

Are These Agreements a New Thing?

Depending on where you live, you might have never encountered a written buyer agreement before. Some states have had this requirement for years, while others haven’t. So, if this is new to you, don’t worry—many homebuyers are in the same boat. But now, it’s a standard practice across the country for many real estate professionals.

Can I Negotiate the Terms of the Agreement?

Absolutely! The terms of your written buyer agreement are not set in stone. You have the right to negotiate aspects such as the services you expect, the duration of the agreement, and the compensation involved. The key is that whatever you agree on with your agent should be clearly stated in the agreement—no vague terms, no ranges, just a clear understanding of what’s been decided.

How Does This Benefit Me as a Homebuyer?

One of the biggest advantages of having a written buyer agreement is that it removes any guesswork. You’ll know exactly what your agent is going to do for you and how they will be compensated. This clarity helps avoid misunderstandings and ensures that both you and your agent have a solid understanding of your working relationship.

When Will I Be Asked to Sign This Agreement?

You’ll need to sign a written buyer agreement before you start touring homes with your real estate professional. This applies whether you’re doing an in-person visit or a virtual tour. However, if you’re just attending an open house on your own or having an initial chat with an agent about their services, you won’t need to sign anything yet.

Do I Have to Pay My Agent Out of Pocket?

Not necessarily. While the agreement will outline how your agent will be paid, it doesn’t mean you have to cover the cost directly out of pocket. In many cases, it’s possible to negotiate for the seller or their agent to cover your agent’s compensation. This is something you can discuss with your real estate professional to find the best arrangement for you.

Does This Agreement Define the Type of Relationship I Must Have with My Agent?

No, it doesn’t. You’re free to establish any business relationship with your real estate professional that is allowed under state law. Whether you want a more casual arrangement or a full-service partnership, the agreement can be tailored to fit your needs.

Can I Change or Get Out of the Agreement?

Yes, you can. If circumstances change or you’re not satisfied with the arrangement, you and your real estate professional can agree to modify the agreement. Just be sure to read the terms carefully so you understand the conditions under which the agreement can be changed or exited.

Protect Guests and Property Rights

A recent article in the Conway Daily Sun explains how the town of Conway’s rental inspection and certification program, designed to ensure the safety and compliance of both short- and long-term rental properties, is currently under legal scrutiny. A lawsuit filed by the Mt. Washington Valley Association for Responsible Vacation Rentals, along with White Mountain Properties LLC, has brought the program’s legality into question, effectively halting its progress. The town was on the brink of finalizing the program by holding public hearings regarding the fine schedule for violations, which could be as steep as $1,000 per occurrence. However, these hearings have been postponed due to the ongoing litigation, with a court date scheduled for September.

Despite the legal challenges, the need for accountability among rental property owners cannot be overstated. As a real estate professional, I recently showed a three-story, three-bedroom home that shockingly lacked any smoke alarms—a basic safety requirement. This highlights a critical issue: regardless of the outcome of this legal dispute, rental property owners must take their responsibility seriously. It’s not just about adhering to local regulations; it’s about safeguarding the lives of those who stay in these properties.

The town’s inspection program, supported by over 1,000 Conway citizens, was designed to enforce life safety inspections for all rental properties, ensuring they meet basic safety standards before being granted a Certificate of Rental Compliance. While the program’s enforcement is currently in limbo due to the lawsuit, the need for some accountability is clear. Property owners should not only focus on protecting their privacy rights but also on ensuring the safety and well-being of their guests.

This legal battle could take years to resolve, but in the meantime, the responsibility falls on property owners to maintain high standards of safety. Whether or not the town’s program is ultimately upheld, the importance of protecting guests in rental properties should remain a top priority for all owners. The ongoing litigation serves as a reminder that while legalities are being debated, the safety of people staying in these properties should never be compromised.

Read the full story here - 

921 Grandview Road in Conway

Check out this video tour of 921 Grandview Road in Conway.  Located in Hale Estates, this GORGEOUS home sits on a private lot that abuts 14 acres of common association land.  

  • 3 bedrooms plus an office and a bonus room 
  • Hot tub and fire pit / patio area
  • Massive finished basement 
  • Living room with 18' ceilings and gas fireplace
  • Attached garage
  • Beautiful kitchen that looks like something out of a magazine 

 

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