Seller Disclosure Requirements
in Massachusetts

Unlike states with exhaustive checklists, Massachusetts operates under a modified “caveat emptor” or “let the buyer beware” principle, creating a uniquely challenging landscape for property disclosure. From industry experience litigating these disputes, the confusion stems from the lack of a single, state-mandated document. Instead, the legal framework is a patchwork of specific statutes and influential case law. While there isn't an official state-wide seller disclosure form, the Massachusetts Association of REALTORS® (MAR) provides a widely used version that has become the de facto standard. Sellers are not legally compelled to provide this form, but refusing to do so can be a significant red flag for savvy buyers and their agents. The core of seller disclosure Massachusetts hinges less on a voluntary form and more on avoiding misrepresentation, whether intentional or accidental, when a direct question is asked.

At its heart, the critical question of what must sellers disclose in Massachusetts boils down to two legally mandated items and the crucial avoidance of misrepresentation. First, for any home built before 1978, federal and state law demand the delivery of the Massachusetts Lead Law Notification and a lead paint disclosure form. Second, you must disclose the existence of a private septic system by providing the buyer with the Title 5 inspection report. Beyond these, the Massachusetts disclosure requirements become more nuanced. If a buyer or their agent asks a direct question about a property's condition—for instance, “Has the basement ever taken on water?”—you are legally obligated to answer truthfully and completely. A vague answer, a half-truth, or an outright lie about a known material defect can, and often does, lead to a courtroom. Market data shows cases unravel over a seller's casual dismissal of a known foundation crack or a recurring plumbing issue.

Considering the unique geography and history of the Commonwealth, certain property disclosure issues are particularly prevalent. From the salt-sprayed air on Cape Cod accelerating rot to the prevalence of old fieldstone foundations in Berkshires farmhouses that can invite radon gas, location matters immensely. In historic mill cities like Lowell and Lawrence, the legacy of industrial use can mean potential soil contamination or the presence of underground storage tanks. Throughout Boston and its inner suburbs like Cambridge and Somerville, the century-old housing stock—from triple-deckers to brownstones—often contains asbestos in pipe insulation or floor tiles. Ice dams are a perennial winter menace, causing hidden water intrusion in attics and wall cavities that a seller might know about. These climate and age-related issues are precisely the “material defects” that, if known, must be handled with care under the Massachusetts disclosure requirements.

When a seller fails to meet their obligations, the consequences can be severe and long-lasting, extending far beyond the closing table. My litigation practice is filled with cases where a buyer discovers a major defect post-sale that the seller clearly knew about but concealed. This could be rotted sill plates hidden behind freshly installed drywall or evidence of a chronic termite infestation painted over in the basement. The legal recourse for the buyer can include suing for damages to cover the cost of repairs, and in egregious cases of fraud, seeking rescission of the entire sale. A key legal distinction is between a “known defect” and a “latent defect.” A seller has no duty to go searching for unknown problems, but they cannot conceal a known one. An “as is” clause in a Purchase and Sale Agreement is not a shield against a claim of fraud or intentional misrepresentation, a point that is often tested in Massachusetts courts, making proper seller disclosure massachusetts a critical risk-management tool.

Ultimately, the best practice for a seller is to embrace transparency. I consistently advise clients to complete the Massachusetts seller disclosure form as if they were testifying under oath. Be thorough and honest about what must sellers disclose. If you’re unsure about the history of a repair, state that. If you had a roof leak in the past and had it professionally repaired by a company like Newton-based Costello Roofing, describe the event, the date, and who performed the work. Better yet, consider a pre-listing inspection. This empowers you to identify and even remedy issues on your own terms, or to disclose them with a professional report and repair estimate in hand. This level of honesty not only protects you from future lawsuits but also builds immense trust with potential buyers, often leading to a smoother, faster transaction.

For buyers, receiving a property disclosure document is the starting whistle for due diligence, not the finish line. Treat the seller’s statements as a roadmap for your own investigation. If the disclosure mentions a past issue with the electrical panel, instruct your home inspector to scrutinize it. If the property is in a FEMA-designated flood zone near the Charles River or along the coast, research flood insurance costs and potential mitigation needs. The home inspection contingency period is your legal window to verify the seller’s claims, bring in specialists—from structural engineers to HVAC technicians—and truly understand the home you are about to purchase. The disclosure is not a warranty; it is a vital starting point for a conversation and your own expert-led exploration of the property’s true condition.