Massachusetts Home Seller Disclosure Requirements (2026)
Massachusetts has specific disclosure requirements for home sellers. Failing to disclose known material defects can expose you to lawsuits after closing — even years later. Here's exactly what you're required to disclose.
Required Forms
1. Seller's Statement of Property Condition
This is the primary disclosure document. You must disclose all known material defects including:The key word is "known." You are not required to investigate defects you don't know about — but you cannot hide defects you do know about.
2. Lead Paint Disclosure (Pre-1978 Homes)
Federal law requires disclosure of known lead paint hazards in homes built before 1978. You must:Boston has a very high percentage of pre-1978 homes. This applies to most of the city.
3. Title V Septic Certificate
If your property has a private septic system (not connected to municipal sewer), you need a Title V inspection within 2 years of the sale date, or within 6 months after the sale if the property is seasonal.Cost: $400–$600 for the inspection. If the system fails, you must repair it before closing or negotiate a price reduction.
4. Smoke and Carbon Monoxide Detector Certificate
Massachusetts requires a working smoke detector on every floor and a carbon monoxide detector near all sleeping areas. Your local fire department inspects and issues the certificate — typically $50–$75. Required before closing.What Happens If You Don't Disclose?
Non-disclosure of known material defects in Massachusetts can result in:
"I didn't think it was important" is not a defense. When in doubt, disclose.
What You Do NOT Have to Disclose
Download all required MA disclosure forms free on our Disclosures page.