Massachusetts

Seller disclosure requirements in Massachusetts

Massachusetts has no general seller disclosure form. Sellers must give the lead notice before the purchase and sale agreement and equip smoke and CO alarms.

In short

Massachusetts does not require a general property condition form. The Legislature handles disclosure topic by topic. A seller must give the buyer the state lead notice before the purchase and sale agreement is signed (M.G.L. c. 111, § 197A), with a civil penalty of up to $1,000 for failing to do so. For homes built before 1978, federal rules add a 10-day lead inspection window (40 CFR 745.110).

Is a disclosure form required by law?

For the overall condition of the house, the Massachusetts sections read for this article do not create a statewide form. That is different from states that publish an official seller’s questionnaire. What the sections do cover is narrower: lead paint, smoke and carbon monoxide alarms, and the ban on misrepresentation.

The rule that applies to every sale is the consumer protection act. M.G.L. c. 93A, § 2 declares “unfair or deceptive acts or practices in the conduct of any trade or commerce” unlawful. A seller who makes a false statement about the house can face a claim even without a disclosure form.

What a Massachusetts seller must provide

ItemWhat the law saysSource
Lead noticeGive the buyer the state lead notification form and materials before the purchase and sale agreement is signedc. 111, § 197A(b)
Known lead informationSeller and any agent involved must disclose what they know about paint, plaster or other material containing dangerous lead levelsc. 111, § 197A(b)
Smoke detectorsSeller must equip the home with approved smoke detectors on sale or transferc. 148, § 26F
Carbon monoxide alarmsThe head of the fire department inspects for compliance on sale or transferc. 148, § 26F 1/2(c)
Federal lead disclosure (built before 1978)Pamphlet, disclosure of known lead-based paint, signed attachment to the contract40 CFR 745.107, 745.113

Lead paint: two layers

State layer. Under § 197A the state notification form and materials come from the director of the lead program. A seller who fails to comply is liable for all damages caused and a penalty of up to $1,000, and a violation by someone engaged in trade or commerce is also an unfair or deceptive act under c. 93A. If a home contains dangerous lead levels and a child under six will live there after the sale, the new owner has 90 days to contain or abate it (c. 111, § 197(a)).

Federal layer. Homes built before 1978 are “target housing” (40 CFR 745.103). Before the buyer is bound by a contract, the seller must give an EPA-approved lead hazard pamphlet and disclose any known lead-based paint or hazards (40 CFR 745.107). The buyer then gets a 10-day period to run a risk assessment or inspection, unless both sides agree in writing to a different period or the buyer waives it (40 CFR 745.110). The contract needs a signed attachment with the Lead Warning Statement, and the seller and agent must keep a copy for at least three years after the sale (40 CFR 745.113). The federal rule excludes housing for the elderly or persons with disabilities and zero-bedroom dwellings, unless a child under six lives or is expected to live there.

Alarms: the fire department inspection

Two sections tie the sale to the fire department. Section 26F requires the seller to have approved smoke detectors in place on sale or transfer. Section 26F 1/2 requires carbon monoxide alarms in homes with fossil-fuel equipment or enclosed parking, and says the head of the fire department inspects the home for compliance on sale or transfer. Ask your local fire department how it handles the inspection before you list.

What a seller does not have to disclose

M.G.L. c. 93, § 114 says that the “fact or suspicion that real property may be or is psychologically impacted” is not a material fact that must be disclosed. The statute lists, among others, that the home was the site of a felony, suicide or homicide, or that an occupant has or is suspected of having HIV or AIDS, or that it was the site of an alleged supernatural event. No lawsuit can be brought against a seller or broker for staying silent on these points. The same section says it does not allow “a misrepresentation of fact or false statement”: if a buyer asks and the seller lies, the protection does not apply.

Septic systems and other items

Massachusetts regulates septic inspections through the state environmental code (310 CMR 15, known as Title 5). The home inspector license law refers to those inspections (c. 112, § 222(a)(13)). This article could not read the Title 5 text on the official MassDEP site, so it does not state when an inspection is required or how long a report lasts. Ask the MassDEP or your local board of health before you sign.

Frequently asked questions

Does Massachusetts require a seller’s property disclosure statement?

Not a general one, in the sections read for this article. The state requires the lead notice before the purchase and sale agreement (c. 111, § 197A) and smoke and carbon monoxide alarm compliance (c. 148, §§ 26F and 26F 1/2). Buyers should still order their own home inspection.

What happens if a seller lies about the home?

Unfair or deceptive acts in trade or commerce are unlawful under c. 93A, § 2, and § 114 explicitly keeps misrepresentations of fact outside its protection. An attorney can say whether a claim fits your facts.

Does a seller have to say a death occurred in the house?

Not by statute. Section 114 says the fact that a property was the site of a suicide, homicide or felony is not a material fact that must be disclosed. A false answer to a direct question is not protected.

Can a buyer back out over lead paint?

Federal law gives a 10-day period to inspect for lead in pre-1978 housing, and the buyer may waive it in writing. What happens if the inspection finds lead depends on the contract, so read its lead clause before you sign. See also home buying steps.

Who enforces the alarm rules?

Both sections say the head of the fire department enforces them (c. 148, §§ 26F and 26F 1/2(e)). If you are selling in Boston, see our Boston guide and the closing costs page.

Compare with the other states: Seller disclosure laws by state.

More Massachusetts guides

Sources

Massachusetts · All states · Federal guides