Key Takeaways
- Massachusetts does NOT require a standard seller disclosure form like many other states
- The doctrine of caveat emptor (buyer beware) applies, with exceptions for fraud
- Lead paint disclosure IS required for pre-1978 homes (federal requirement)
- Sellers must disclose known material defects that are not readily observable
- The Massachusetts Smoke and Carbon Monoxide Detector Certificate is required at sale
Last updated: January 2026
Property Disclosures in Massachusetts
Massachusetts follows the caveat emptor doctrine but with important exceptions for seller disclosure.
Caveat Emptor in Massachusetts
General Rule
| Principle | Meaning |
|---|---|
| Caveat emptor | "Buyer beware" |
| Buyer responsibility | Inspect before buying |
| No standard form | Unlike many states |
| Limited disclosure | Not comprehensive |
Exceptions to Caveat Emptor
| Exception | Seller Must Disclose |
|---|---|
| Known defects | Hidden material problems |
| Health/safety hazards | Dangers not obvious |
| Fraud prevention | Cannot actively conceal |
| Direct questions | Must answer honestly |
What Sellers MUST Disclose
Material Defects
| Must Disclose | Examples |
|---|---|
| Known hidden defects | Foundation issues |
| Health hazards | Mold, contamination |
| Safety issues | Electrical problems |
| Water intrusion | Basement flooding |
| Structural problems | Roof, wall issues |
When Asked
| If Buyer Asks | Seller Must |
|---|---|
| Direct questions | Answer honestly |
| Specific issues | Disclose known problems |
| Cannot lie | Even if not asked |
| Cannot conceal | Active concealment = fraud |
Lead Paint Disclosure (Federal)
For homes built before 1978:
Requirements
| Element | Description |
|---|---|
| Disclosure form | Seller's knowledge |
| EPA pamphlet | "Protect Your Family from Lead" |
| 10-day inspection | Buyer can inspect (or waive) |
What Must Be Disclosed
| Must Disclose | Example |
|---|---|
| Known lead paint | Previous testing results |
| Lead hazards | Known contamination |
| Testing records | Any reports |
What's NOT Required
| Not Required | Note |
|---|---|
| Test for lead | No testing mandate |
| Remove lead | No remediation required |
| Guarantee lead-free | Not warranting absence |
Smoke and CO Detector Certificate
Massachusetts Requirement
| Requirement | Details |
|---|---|
| When | At sale of property |
| Certificate | From fire department |
| Verification | Detectors installed |
| Compliance | Meet current code |
What's Checked
| Item | Requirement |
|---|---|
| Smoke detectors | All required locations |
| CO detectors | All required locations |
| Working condition | Functional at inspection |
| Proper placement | Per state code |
Title 5 (Septic Systems)
For Properties with Septic
| Requirement | Details |
|---|---|
| Inspection | Within 2 years of sale |
| Certificate | From approved inspector |
| Pass/fail | Must pass or be upgraded |
| Cost | Usually seller's responsibility |
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Test Your Knowledge
Does Massachusetts require sellers to complete a standard property disclosure form?
A
B
C
D
Test Your Knowledge
What certificate is required at the sale of a property in Massachusetts?
A
B
C
D