Select your state

Real property

property disclosure statement

A property disclosure statement is a written document provided by a seller of real property to the prospective buyer stating that the property has a material or significant problem or defect and disclosing the nature of the problem or defect—or stating the seller is unaware of any such problems or defects.

In Massachusetts, a property disclosure statement is not mandated by state law for real estate transactions. However, sellers are required to disclose any known material defects in the property that could not be discovered by the buyer upon reasonable inspection. This requirement is based on the principle of 'caveat emptor' or 'buyer beware,' which places the onus on the buyer to conduct due diligence. Despite the lack of a statutory requirement for a formal disclosure statement, sellers often use a standard form to disclose information about the property's condition to protect themselves from future liability. Additionally, federal law requires sellers to disclose the presence of lead-based paint for properties built before 1978. It is advisable for buyers to request a property disclosure statement and for sellers to provide one to ensure transparency and avoid potential legal disputes. An attorney can provide guidance on the necessary disclosures and assist in drafting an appropriate disclosure statement.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Real property

property disclosure statement

Individual & Family Legal Plan

Articles

Massachusetts State Code

Massachusetts State Code

Real property

property disclosure statement

Articles