Home Options MA

Massachusetts rules and paperwork

How to sell a house as is in Massachusetts

You can sell a Massachusetts house as is. It means you will not fix things or give a repair credit, not that you skip the law. You still need the smoke and CO certificate, the lead paint notice for pre-1978 homes and a Title 5 inspection if the house has septic, and you cannot lie about known problems. Since October 2025 you also cannot make a buyer waive the home inspection, so price the house for the work it needs.

Updated October 7, 2026. Facts checked October 7, 2026 against the sources listed at the bottom. General information, not legal, tax or financial advice.

Still requiredSmoke/CO certificate, lead notice, Title 5MGL c.148 s.26F; 42 USC 4852d; 310 CMR 15.300
Legal definition of "as is"None found in statuteMeaning comes from the contract; checked Oct 2026
Buyer inspection rightsCannot be forced away760 CMR 74.00, effective Oct 15, 2025; Mass.gov
Lying about defectsNot protectedAttorney commentary; MGL c.93 s.114

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:

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

ItemIf your house...What to do
Smoke and CO certificateAny homeBook the fire department and fix alarms. Many buyers' lenders will not close without it.
Lead paint noticeWas built before 1978Give the state notice and EPA pamphlet before the P&S
Title 5 inspectionHas septic or a cesspoolInspect within 2 years before sale. A failed system must be upgraded within 2 years unless an agreement says otherwise.
Home inspection disclosure formMost 1 to 4 unit homes and condosGive the buyer the signed state form with the first written contract. You cannot require an inspection waiver.
Known defectsAnyTell 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

BuyerTypical approachWatch for
Owner-occupant with a renovation loanPays closer to market for a house they can improveLender appraisal and repair requirements can slow closing
Investor or cash buyerPays less, often closes faster, may waive some contingenciesCheck the offer terms, deposit and who pays closing costs
Contractor or builderLooks at teardown or full-gut valueMay 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.

Questions

Common questions.

Can I sell my house as is in Massachusetts?

Yes. An attorney's summary of the 2025 inspection rule says sellers can still use an as-is clause and do not have to make repairs. You must still deliver the smoke and CO certificate, give the inspection disclosure form, give the lead notice for pre-1978 homes and, with septic, have a Title 5 inspection.

Do I still need a Title 5 inspection if I sell as is?

Yes. If the house has septic, an inspection within the 2 years before sale is required by Title 5, no matter what the contract says about condition.

Can a buyer back out of an as-is sale after an inspection?

Often yes. State rules give buyers a reasonable chance to inspect and withdraw based on the results, and you cannot force a waiver. You and the buyer can agree on reasonable limits, such as a repair-cost threshold.

Will I get less money selling as is?

Usually you accept a lower price in return for skipping repairs, commissions or showings, but the gap depends on the house and buyer. Compare offers side by side.

Do I have to disclose problems if I sell as is?

You cannot make false statements, and you must give the legally required paperwork. See seller disclosure.

Selling? Add drone photos

Show the whole property.

Aerial photos show the lot, the yard, the roofline and the neighborhood in a way street photos cannot. Many sellers add them to a listing, and they are a short, inexpensive shoot (typically $250 to $900).

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