What do you have to disclose when selling a house in Massachusetts? The rules might surprise you.
Unlike many states, Massachusetts doesn’t put a burden on sellers to reveal every creaky floorboard or dripping faucet. However, some disclosures are non-negotiable – and skipping them could land you in legal hot water.
Here’s the breakdown of what you must share, what you should share, and how to protect yourself.
Key Summary
- MA only mandates lead paint and septic system disclosures, giving sellers more flexibility than most states.
- While not required, hiding major issues like structural damage or pest problems risks lawsuits within a 3-year window.
- Smart sellers opt for pre-listing inspections to control the narrative and strengthen their negotiating position.
What Sellers Must & Should Disclose in Massachusetts
| Disclosure | Legally Required? | Why It Matters |
|---|---|---|
| Lead Paint (Pre-1978 Homes) | ✔️ | Federal law mandates disclosure. |
| Septic System (Title 5) | ✔️ | Inspection required before selling. |
| Hazardous Materials (Asbestos, Radon) | ⚠️ | Required in some cases, especially if asked. |
| Fire or Flood Damage | ❌ | Buyers might sue if they discover it later. |
| Past Repairs | ❌ | Not required, but honesty prevents legal trouble. |
| Pest Infestations | ❌ | Full transparency can avoid future disputes. |
Do You Have to Disclose Defects in Massachusetts?
In Massachusetts, the principle of caveat emptor meaning “let the buyer beware,” significantly influences real estate transactions.
It places the onus on buyers to thoroughly investigate a property’s condition before purchase, as sellers are not legally obligated to disclose most defects. However, there are exceptions.
So, what do you have to disclose? While general property defects aren’t mandatory disclosures, some key issues are.
| Seller Type | Disclosure Requirements |
|---|---|
| For Sale By Owner (FSBO) | Only legally required disclosures (lead paint, septic system, hazardous materials in some cases). |
| Selling with a Real Estate Agent | Agents must disclose known defects under state law and professional ethics rules. |
| Selling ‘As Is’ | No extra disclosures, but required items (lead paint, septic) must still be shared. |
Mandatory Disclosures When Selling a House
Here’s what Massachusetts says must be disclosed by law:
1. Lead Paint Disclosure
If your home was built before 1978, federal law says you must provide a lead paint disclosure.
This is how you go about it:
- Give buyers a Property Transfer Lead Paint Notification form and a copy of an EPA’s lead paint pamphlet.
- Buyers must sign the form to acknowledge they received the information.
This is non-negotiable. Even if you don’t know whether lead paint is present, disclosure is required.
2. Septic System (Title 5) Disclosure
If your home has a septic system, you must get a Title 5 inspection. This has to be completed within two years before selling.
You need to provide buyers with the inspection results before closing.
3. Presence of Hazardous Materials
If your property has asbestos, radon, or underground fuel tanks, you could be legally obligated to disclose it, especially if a buyer asks directly.
Some cities in Massachusetts have stricter rules, so check local regulations.
For example, the town of Monterey has specific regulations to protect public health and safety concerning hazardous material contamination.
Given these complexities, it’s advisable for sellers to consult with a real estate agent or attorney familiar with both state and local regulations to ensure full compliance.
What About Non-Mandatory Disclosures?
Even if not legally required, some disclosures are just good practice. Failing to disclose certain issues could lead to lawsuits down the road.
Here are some non-mandatory disclosures to consider:
- Past Flooding: If your house has suffered significant damage, transparency can protect you from legal claims later.
- Fire Damage: Do you have to disclose a fire when selling a house? No, but it’s smart to do so.
- Structural or Major Repairs: If your house has had foundation work, roof replacements, or other big fixes, buyers might discover it in an inspection anyway. Best to be upfront.
- Past Pest Infestations: Termites, rodents, or other infestations aren’t legally required disclosures, but hiding them could cause future issues.
ℹ️ Pro Tip! Consider a pre-listing inspection before marketing your house, as it helps you spot potential red flags before buyers do, giving you an edge in negotiations.
What Happens If a Seller Lies on a Disclosure?
Lying on a disclosure or failing to disclose something required by law can have serious consequences.
- If buyers find out after closing that you misrepresented the property, they could sue for fraud.
- If a major issue is discovered, they might demand compensation or cancel the sale.
- In extreme cases, sellers could face legal penalties, especially if they knowingly concealed hazardous materials.
Can You Sell a House ‘As Is’ in Massachusetts?
Yes, you can sell a house as is in Massachusetts, but that doesn’t mean you can hide major problems.
Selling as is means there’s no need for costly repairs but you still need to disclose required items, like lead paint or septic issues.
Also, bear in mind that licensed real estate agents have stricter disclosure responsibilities compared to FSBO (For Sale By Owner) sellers.
Agents must follow professional standards and state laws, ensuring they disclose known issues with a property to protect both parties.
Frequently Asked Questions
Does a seller have to disclose previous inspection reports?
No, Massachusetts law doesn’t require sellers to disclose past home inspection reports. However, if a buyer asks, you must answer honestly.
Do you have to disclose a past problem with your house if it’s been repaired?
While Massachusetts law doesn’t require sellers to disclose past issues that have been fixed, it’s important to be transparent about any major repairs or problems.
How long are you liable after selling a house in MA?
Massachusetts has a three-year statute of limitations on misrepresentation claims. If a buyer believes you hid a major issue, they can take legal action within this period.
Conclusion
Navigating Massachusetts home disclosures doesn’t need to be complicated. While you’re not obligated to reveal every imperfection, certain disclosures – like lead paint in pre-1978 homes and septic system inspections – are mandatory.
Being upfront about significant issues protects you from future legal problems and builds trust with potential buyers.
If you want to skip the stress of traditional home selling, contact us today for a cash offer and learn how simple it is to sell your house for cash. Our streamlined process eliminates the usual selling hassles, putting cash in your pocket faster.
