The baseline: buyer beware, with limits
In many states a seller fills out a long state-approved property condition form. Massachusetts does not have one for most resale homes. Attorney commentary on Massachusetts law describes the rule this way: with a few exceptions, a private seller has no general legal duty to volunteer facts about the property, but the seller cannot make a false statement about a material fact. If a buyer asks "has the basement ever flooded?" and you answer "never" when it has, you may be liable. We could not find an official Mass.gov page that spells out this rule, so this section relies on an attorney's overview dated 2011. Ask your attorney whether case law has moved since.
That commentary also says duties are heavier for real estate brokers than for private owners. Brokers must not hide facts that could change a buyer's mind. This is why your listing agent will press you to be complete.
Do not read "no form" as "no risk." Hiding a known serious defect, painting over a stain to cover a leak, or answering a question falsely can lead to claims of misrepresentation or fraud. A signed document that contains a false statement makes it easy to prove.
What the law does require you to disclose or deliver
| Item | Applies to | What you do | Law |
|---|---|---|---|
| Home inspection disclosure form | Most sales of 1 to 4 unit homes, condos and co-ops (not sales between relatives or foreclosures) | Give the buyer the state form, signed by both of you, with the first written contract (offer or P&S) | 760 CMR 74.00 |
| Lead paint notice | Homes built before 1978 | Give the state notice and EPA pamphlet before the P&S, and any reports | 42 USC 4852d; Lead Law, MGL c.111 s.189A |
| Title 5 septic report | Homes with a septic system or cesspool | Get an inspection within 2 years before sale and give the buyer the report | 310 CMR 15.300 to 15.305 |
| Smoke and CO certificate | Most home sales | Get the fire department certificate and deliver it at closing | MGL c.148 s.26F and s.26F1/2 |
The inspection disclosure form is new. 760 CMR 74.00, adopted under the Affordable Homes Act (Chapter 150 of the Acts of 2024), took effect October 15, 2025. Mass.gov says the form affirms the buyer's right to a home inspection and a reasonable chance to withdraw based on the results, and that sellers and agents cannot make a buyer waive an inspection to get an offer accepted. Mass.gov says a real estate professional who skips the form commits an unfair or deceptive practice under c.93A. Read more on Mass.gov.
We cover the other three in their own guides: lead paint, Title 5 septic and the smoke and CO certificate. The Massachusetts course outline for the purchase and sale agreement also lists lead, smoke and CO, septic and home inspection as standard clauses, so these show up in your contract whether or not you volunteer anything.
Stigma: what you do not have to disclose
MGL c.93 s.114 says the fact or suspicion that a property is "psychologically impacted" is not a material fact that must be disclosed. The law lists examples: an occupant who has or is suspected of having HIV or AIDS (or another disease highly unlikely to spread through living in a home), a felony, suicide or homicide at the property, and alleged supernatural activity. No lawsuit can be brought against a seller or broker for failing to disclose those things.
The same section ends with a warning: it does not allow a seller or broker to make a misrepresentation or false statement. So you may stay silent, but if a buyer asks directly and you lie, you are on your own.
Fair housing rules also mean agents will not discuss who lives nearby. See HUD Fair Housing.
The Statement of Property Condition
Real estate agents in Massachusetts commonly ask sellers to fill out a Statement of Property Condition and attach it to the listing or the offer. It is a standard practice, not a state law. It asks about the roof, basement water, heating, wiring, insect damage, additions, permits, known repairs and more.
If you sign one, follow these rules:
- Answer only from what you actually know. "Unknown" or "not aware" is a fair answer when it is true.
- Be complete on material defects: leaks, flooding, structural cracks, termites, mold, oil tank issues, unpermitted work, failed inspections.
- Do not guess or round off. "Never had water" is a risky statement. "No water in the 6 years we lived here" is accurate and limited.
- Keep receipts and permits for any repair you mention.
- Update the form if something new comes up before closing.
The purchase and sale agreement usually states that the buyer relies on no promise outside the contract. The state's course outline lists "buyer acknowledges no warranties beyond the P&S" as a standard clause. That helps you only if you did not misstate facts before signing. Statements made during showings, on the listing and on the form can still matter.
Chapter 93A and misrepresentation
MGL c.93A s.2 bans unfair or deceptive acts in "the conduct of any trade or commerce." It is Massachusetts's consumer protection law and it can bring double or triple damages and attorney's fees when it applies. Whether it reaches a private homeowner selling a house they lived in is a legal question that depends on the facts. It is far more likely to be used against a seller who flips homes, a builder or a broker. If you are a landlord or an investor selling several properties, ask your attorney.
Even where c.93A does not apply, the older claims of fraud, negligent misrepresentation and breach of contract do. The safe rule is simple. Disclose known material problems, answer questions truthfully, and put corrections in writing.
A practical disclosure plan
- Make a list of every repair, leak, claim, permit and warranty from your years in the house.
- Consider a pre-sale inspection so you learn the problems on your own terms.
- Collect the three required pieces: lead notice if pre-1978, Title 5 report if septic, fire department certificate.
- Fill out the Statement of Property Condition honestly and keep a copy.
- Let your attorney review the contract language on condition and warranties before you sign.
Selling a house that needs work? Disclosure matters even more. See selling as is. This is general information, not legal advice.