What must a home seller disclose in Massachusetts?

Massachusetts retains one of the strongest caveat emptor doctrines in the U.S. for residential sales.

1. No General Statutory Disclosure

There is no mandatory MA disclosure form for general property defects. Sellers have no affirmative duty to volunteer defects to buyers.

2. Swinton Doctrine

Swinton v. Whitinsville Sav. Bank, 311 Mass. 677 (1942): no general duty of disclosure between buyer and seller of real estate — but the seller may not actively conceal or affirmatively misrepresent a defect.

3. Broker Duties Are Different

Real estate brokers owe a duty under 254 CMR 3.00 to disclose material facts known about the condition of the property and may face license discipline plus liability under Chapter 93A for concealment.

4. Mandatory Specific Disclosures

Lead Paint — Massachusetts Lead Law (M.G.L. c. 111 § 197A) requires a Property Transfer Lead Paint Notification for any home built before 1978, plus the federal lead form.

Septic Title 5 Inspection — 310 CMR 15.301 requires an inspection within 2 years of transfer (3 years with annual pumping).

Smoke and CO Detectors — Certificate of Compliance (M.G.L. c. 148 § 26F).

UFFI (urea-formaldehyde foam insulation) — required notice (M.G.L. c. 255 § 12C).

Megan's Law — broker may direct buyer to the sex-offender registry.

5. "As-Is" Sales

"As-is" is enforceable but does not bar fraud, intentional misrepresentation, or Chapter 93A (unfair / deceptive practice) claims, which allow double or treble damages plus fees.

6. Statute of Limitations

3 years for tort / fraud (M.G.L. c. 260 § 2A).

6 years for contract (M.G.L. c. 260 § 2).

4 years for Chapter 93A (M.G.L. c. 260 § 5A).

This is legal information, not legal advice.