Home Options MA

Massachusetts rules and paperwork

What a home seller must disclose in Massachusetts

Massachusetts does not make a private seller fill out a property condition form, and the old "buyer beware" rule still carries weight. But since October 15, 2025 you must give the buyer a signed home inspection disclosure form with the first written contract. You also cannot lie about known problems, and a few items are required: lead paint on pre-1978 homes, the Title 5 septic report and the smoke and CO certificate. Your agent will probably ask you to sign a Statement of Property Condition too. Treat it as if a judge will read it.

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

Property condition formNone required by state lawAttorney commentary, Mass Real Estate Law Blog; confirm with your attorney
Required paperworkInspection disclosure form (since Oct 15, 2025), lead notice, septic report, smoke/CO certificate760 CMR 74.00; Mass.gov; MGL c.148 s.26F; 310 CMR 15.300
Murders, suicides, "haunted"Not a required disclosureMGL c.93 s.114
Lying to a buyerNever protectedMGL c.93 s.114; c.93A s.2

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

ItemApplies toWhat you doLaw
Home inspection disclosure formMost 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 noticeHomes built before 1978Give the state notice and EPA pamphlet before the P&S, and any reports42 USC 4852d; Lead Law, MGL c.111 s.189A
Title 5 septic reportHomes with a septic system or cesspoolGet an inspection within 2 years before sale and give the buyer the report310 CMR 15.300 to 15.305
Smoke and CO certificateMost home salesGet the fire department certificate and deliver it at closingMGL 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

  1. Make a list of every repair, leak, claim, permit and warranty from your years in the house.
  2. Consider a pre-sale inspection so you learn the problems on your own terms.
  3. Collect the three required pieces: lead notice if pre-1978, Title 5 report if septic, fire department certificate.
  4. Fill out the Statement of Property Condition honestly and keep a copy.
  5. 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.

Questions

Common questions.

Is a seller disclosure form required in Massachusetts?

A property condition form is not required by state law for most resale homes, according to attorney commentary. Agents usually ask for a Statement of Property Condition anyway. Since October 15, 2025, though, sellers of most 1 to 4 unit homes and condos must give buyers a signed home inspection disclosure form, and lead paint, septic and smoke/CO paperwork are required separately.

Do I have to tell a buyer about a death in the house?

No. MGL c.93 s.114 says a felony, suicide or homicide at the property is not a material fact that must be disclosed, and a seller cannot be sued for not disclosing it. You still cannot lie if asked.

What happens if I do not disclose a known defect?

A buyer might claim fraud or misrepresentation, depending on what you said or did. Concealing a problem, or giving a false answer to a direct question, is the biggest risk. Ask your attorney about your specific facts.

Do I have to disclose lead paint?

Yes, if the house was built before 1978. You must give the state notice and the federal pamphlet before the buyer signs the purchase and sale agreement. See our lead paint guide.

Do as-is sellers have to disclose?

Yes. As-is does not erase lead, septic or smoke/CO rules, and it does not allow false statements. See selling as is.

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