New Hampshire law (RSA 477:3-a) states that instruments affecting title or interest in real property must be recorded to be effective against third parties. A memorandum serves as such an instrument because it puts the public on notice that:
A valid contract to transfer property exists.

The buyer has an equitable interest in the property. In seller-financed deals, the closing may take years. Recording a memorandum ensures the buyer’s interest is legally visible throughout the duration.

Although the full contract isn’t recorded, the memorandum serves as a public flag and protects the buyer from the property being sold again or encumbered without notice.

Topic--------------------------------Details
Where to Record-----County Registry of Deeds (where property is located)

Legal Basis----RSA 477:3-a; RSA 478; equitable interest/common law

For use in New Hampshire only.

These are different form types, not alternate versions of the current form.

Purchase and Sale Agreement

Set the terms of a real property purchase between buyer and seller.

Important: County-Specific Forms

Our memorandum and notice of agreement forms are specifically formatted for each of the 10 counties in New Hampshire.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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