What disclosures are required in Massachusetts?

Massachusetts real estate transactions are generally ruled by the principle of caveat emptor, or buyer beware. Massachusetts home sellers are only required to inform prospective purchases of whether the property is serviced by a septic system (Title 5) and, for properties built prior to 1978, sellers must provide a Property Transfer Lead Paint Notification & Certification. Further, any information provided by a seller, such as on the Seller Statement of Property Condition or in response to direct questions from a buyer, must be accurate. 

Real Estate licensees, however, have a heightened disclosure obligation under Massachusetts General Laws Ch. 93A and must inform prospective buyers of any known material facts related to the property that may influence a buyer’s decision to purchase the property. While this does not obligate the licensee to discover defects in the property, a licensee also cannot ignore defects that would be reasonably apparent to a real estate licensee.

Failure to make required disclosures, or providing inaccurate information, could result in the seller, the real estate licensee, or both, facing significant financial damages.

Written by: Justin Davidson, General Counsel; Catherine Taylor, Associate Counsel; Jonathan Schreiber, Legislative & Regulatory Counsel; and Kate Berard, Associate Counsel. 

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