In Massachusetts, sellers are not required by law to fill out a standardized disclosure form, but they must disclose any known problems that might affect the property’s value or safety.
There are two things that a seller must disclose in Massachusetts
Lead Paint Disclosure
Sellers must disclose if the property was built before 1978 and may contain lead-based paint. This is federally mandated under the Lead-Based Paint Hazard Reduction Act. Sellers must provide buyers with a lead paint disclosure form and a copy of the EPA’s pamphlet “Protect Your Family From Lead In Your Home.”
Title V Septic Inspection
In Massachusetts, Title 5 requires a septic system inspection before a home sale if the property isn’t connected to a municipal sewer.
A septic system treats wastewater on-site and consists of a septic tank and drain field. Inspections ensure the system is functioning correctly and does not pose health risks. An inspection must be completed within two years before a home sale or within six months afterward. If the system is pumped annually, the inspection is valid for three years.
If a septic system fails, it must be repaired or replaced within two years, even if the sale doesn’t proceed.
“Disclosure” #3: Thou Shall Not Lie
In Massachusetts, the “caveat emptor,” meaning “let the buyer beware,” applies to real estate transactions. This principle states that the buyer is responsible for conducting due diligence and thoroughly investigating the property’s condition before purchasing.
Unlike some states, Massachusetts does not mandate sellers to disclose every defect unless asked directly by the buyer. However, sellers cannot hide known issues or lie about the property’s condition, as that would violate state laws.
Instead, sellers are legally bound by the principles of honesty and fair dealing when selling a home. Under Massachusetts law, sellers cannot intentionally misrepresent, conceal, or lie about any known defects or material issues with the property.
For example, if a seller is aware of a leaky roof but tells the buyer it is in perfect condition, they are violating this law. Such dishonest behavior can result in the buyer suing the seller for damages, including repair costs, legal fees, or even rescission of the sale.
This underscores the importance of hiring a professional home inspector and asking specific questions about potential defects for buyers.
Download our free Massachusetts Home Inspection Checklist to understand what you need to know before buying a home.
“Is This House Livable” Checklist
If we had to choose ten things, you MUST look for in a home inspection, this would be it. If any of these things are not present or in working order, the house is not livable. You should either pass on the home, ask for a significant discount, or ask the buyer to repair it before closing.
- Foundation Issues: Look for cracks, leaning, bowing, or moisture in the foundation. A damaged foundation can be a costly repair and a sign of structural problems.
- Roof Condition: Inspect for missing, curling, or damaged shingles, as well as any signs of leaks or water damage. An old or damaged roof can be a major expense and might cause further issues like water damage inside the house.
- Electrical Wiring: Check for outdated or unsafe wiring, such as knob-and-tube or aluminum wiring, exposed wires, or improper connections. This is a major safety concern and could lead to fire hazards.
- Plumbing Leaks: Look for signs of leaks, corrosion, or damage in both the water supply lines and drainage pipes. Faulty plumbing can lead to water damage, mold growth, and costly repairs.
- Mold and Moisture: Check for mold or moisture stains in basements, crawlspaces, attics, and around windows. Mold not only affects air quality but also indicates potential water issues that could become expensive to fix.
- Septic System (Title 5 Inspection): If the home has a septic system, ensure it has passed a Title 5 inspection. Failing septic systems can be a deal breaker, as repairs or replacements are very costly.
- Smoke and Carbon Monoxide Detectors: Massachusetts law requires working smoke and carbon monoxide detectors. Ensure they are properly installed and functional, as this is crucial for safety and legal compliance.
- Pest Infestation: Look for signs of termite tubes, rodent droppings, or wood damage. Pest infestations can compromise a home’s structural integrity and lead to significant repair costs.
- Heating System/Furnace: Test the heating system to ensure it works properly, especially if you’re buying during the colder months. Replacing a malfunctioning heating system can be expensive.
- Window and Door Seals: Check that all windows and doors open and close smoothly, have no gaps, and are properly weather-stripped. Poor insulation can lead to heat loss, increased energy bills, and discomfort.
Again, download our full Massachusetts home inspection checklist for your upcoming home inspection. It’s particularly useful for buyers. However, sellers can also utilize it to know what questions sellers may ask.
Conclusion
If you’re buying a home in Massachusetts, you need to know the mandatory seller disclosures. As a seller, you may have trouble finding a buyer for your house if you’re unable to meet the disclosure requirements. If that’s the case, consider selling to a We Buy Houses company like New England Home Buyers.
We specialize in providing efficient solutions for any and all situations homeowners are facing. We help you avoid dealing with appraisals, banks, inspections, open houses, realtors, and showings. We aim to simplify the process and make selling a house an easy and stress-free experience for you.
