What Do Sellers Have to Disclose in Massachusetts?
Massachusetts doesn't require a general seller disclosure form, but sellers can't misrepresent the home, lead paint rules apply to older homes, and agents must disclose known material defects. What that means in practice.
Massachusetts doesn't make sellers fill out a general disclosure form, but that doesn't mean you can stay quiet about everything. Sellers can't lie about or hide known problems when asked. Homes built before 1978 come with required lead paint paperwork. Septic homes need a Title 5 inspection. And real estate agents must disclose material defects they know about. Many sellers also choose to fill out a seller's statement of property condition, and I usually recommend it.
This is general information, not legal advice. Your attorney is the right person for specific questions.
What's required?
- Lead paint. For homes built before 1978, buyers must receive the Massachusetts lead paint notification and the federal disclosure, and get a chance to inspect. See the lead paint law.
- Septic. Homes with a septic system generally need a passing Title 5 inspection. See Title 5.
- Smoke and CO certificate before closing. See the certificate.
- Honest answers. If a buyer asks, you can't give a false answer.
Why fill out a seller's statement if it's optional?
Because it heads off problems. A clear statement of what you know (roof age, past water, repairs, systems) builds trust, cuts down on inspection surprises and keeps renegotiation smaller. It also documents what you said.
What should I put together before listing?
- Repairs and receipts. Roof, foundation, systems, anything structural.
- Test results. Radon, water, any mitigation paperwork.
- Permits for finished space, additions and major work.
- Condo documents if it's a condo. See 6(d) certificates.
What does this look like in practice?
On a recent listing, the seller signed the statement of property condition before offers were due, and I sent it to every interested buyer along with the documentation of a prior foundation crack repair and post-mitigation radon results. Buyers could weigh what they knew up front instead of discovering it in the inspection.
Questions people actually ask.
Can I sell a house "as is" in Massachusetts?
Yes. "As is" means you won't make repairs. It doesn't let you hide known defects, and buyers can still inspect.
Do I have to disclose something I fixed?
If the buyer asks, answer honestly. Showing the repair and the receipt usually helps you.
My agent knows about a problem. Will they tell buyers?
Agents have to disclose material defects they know about. Tell me everything up front so we can present it on your terms.
This article is general information about Massachusetts real estate, not legal, tax, or financial advice. Every property and transaction is different. For advice on your situation, talk with me and, where appropriate, an attorney, lender, or tax professional.