What "as is" means in Massachusetts
We could not find a Massachusetts statute that defines "as is." The meaning comes from the contract. In plain terms, you tell buyers you will not repair anything or pay for repairs, and the buyer takes the house in its current condition. Prices and negotiations should reflect that.
What "as is" does not do:
- It does not cancel legal requirements like the smoke and CO certificate, the lead paint notice or the Title 5 septic inspection.
- It does not protect a false statement. Massachusetts is buyer-beware in many ways, but a seller who lies or hides a known problem can face claims. See seller disclosure.
- It does not remove the buyer's inspection rights unless the buyer chooses to waive them in the contract.
Your listing agent or attorney decides how the words go in the contract. A common version says the buyer accepts the property "in its present condition," with the standard inspection clause either kept or limited.
The paperwork you cannot skip
| Item | If your house... | What to do |
|---|---|---|
| Smoke and CO certificate | Any home | Book the fire department and fix alarms. Many buyers' lenders will not close without it. |
| Lead paint notice | Was built before 1978 | Give the state notice and EPA pamphlet before the P&S |
| Title 5 inspection | Has septic or a cesspool | Inspect within 2 years before sale. A failed system must be upgraded within 2 years unless an agreement says otherwise. |
| Home inspection disclosure form | Most 1 to 4 unit homes and condos | Give the buyer the signed state form with the first written contract. You cannot require an inspection waiver. |
| Known defects | Any | Tell the truth if asked; correct anything that changed |
Alarms are cheap to fix. A failed septic system or an open permit is not. Know which problems you have before you set a price.
Buyers keep their right to inspect
Since October 15, 2025, 760 CMR 74.00 bars sellers of most 1 to 4 unit homes and condos from conditioning an offer on the buyer giving up a home inspection, and from accepting an offer from a buyer who says they plan to waive. The seller must give the buyer a signed state disclosure form with the first written contract. Mass.gov says contract terms that make an inspection meaningless, such as unreasonable scheduling limits or no right to back out based on the results, break the rule.
So an as-is listing cannot say "no inspections." What you can still do, per Mass.gov, is agree with the buyer on reasonable money limits, for example a repair-cost threshold before the buyer can cancel, or limits on the deposit refund if they cancel. A buyer may also choose to skip an inspection on their own after getting the disclosure and without pressure from you or your agent. An attorney's summary adds that a seller can still insist on an as-is clause and does not have to agree to repairs or a price cut after the inspection. That is attorney commentary on the rule, so have your own attorney confirm how to word it.
Exemptions include sales between relatives, foreclosures and certain estate planning transfers. See the purchase and sale agreement guide for how the contract timeline works. A pre-sale inspection of your own helps you price honestly and cuts surprises.
Who buys as-is houses
| Buyer | Typical approach | Watch for |
|---|---|---|
| Owner-occupant with a renovation loan | Pays closer to market for a house they can improve | Lender appraisal and repair requirements can slow closing |
| Investor or cash buyer | Pays less, often closes faster, may waive some contingencies | Check the offer terms, deposit and who pays closing costs |
| Contractor or builder | Looks at teardown or full-gut value | May want a long inspection window |
A cash buyer usually pays less than a retail buyer, but there is no commission and no repairs. We cannot say how much less because it depends on the house and the buyer. You can compare a cash offer with listing at the comparison tool and run the net proceeds calculator. Also see selling a house that needs work.
How to price an as-is house
Start from what a similar renovated house sold for nearby, then subtract the cost of the work, the time you would hold it and a margin for the buyer's risk. Get two written repair estimates for the big items (roof, heating, septic, foundation, electrical). Do not price from an online estimate.
If the house is also full of belongings, a cleanout may be needed before closing. JUNKRUN is a junk removal and estate cleanout company owned by the same people as Home Options MA, so we may earn money if you use it. Other cleanout companies exist, so get more than one quote. See whole-house cleanout.
Red flags in an as-is offer
- A buyer who pushes you to skip your attorney or sign the same day.
- Any term that says the inspection is waived, or an agent who asks for that. The rule bars sellers from requiring it.
- A large non-refundable deposit requirement from you, or a very small deposit from them with long contingencies.
- An offer that changes price after the inspection.
- A contract that lets the buyer assign it to someone else without your approval.
- Any "we guarantee" claim. Offers are only as good as the signed agreement.
Have a Massachusetts real estate attorney read any contract before you sign. This is general information, not legal advice.