The Massachusetts seller disclosure form, formally called the Seller’s Statement of Property Condition, is a voluntary document provided by the Massachusetts Association of Realtors that records what you personally know about your home’s condition, systems, and history before you sell it. The state does not require you to fill it out, but most listing agents include it as standard practice because it puts your disclosures in writing and limits later disputes. You complete it by working through seven sections and answering each question Yes, No, or Unknown, based only on what you actually know.
Is the Form Actually Required in Massachusetts?
No. Massachusetts follows caveat emptor, meaning sellers generally have no legal duty to volunteer information about defects.1Cornell Law Institute. Caveat Emptor This puts the state in the minority nationally, where most jurisdictions require a statutory property disclosure.
Silence is protected. Lying is not. The moment a buyer asks a direct question, caveat emptor stops shielding you. If a buyer asks whether the basement has ever flooded and you say no when it has, that is actionable misrepresentation. Licensed real estate agents carry a higher duty than sellers do: they must disclose any fact that might influence a buyer’s decision, whether or not the buyer asks.2Mass.gov. RE04RC12: MGL c 93A, Consumer Protection and Business Regulation The Statement of Property Condition exists to collect those disclosures on paper, before anyone has to rely on memory about what was said at a Saturday showing.
What the Form Covers
The form is organized into seven sections. Each question gets Yes, No, or Unknown, with a line to explain anything you mark Yes.3My Mass Home. Sellers Statement of Property Condition
- Section I covers title, zoning, and building: title problems, easements, zoning, permit history, code violations, flood zone or wetlands designation, and water drainage.
- Section II covers systems and utilities: heating, hot water, sewage and plumbing, drinking water source and quality, electrical, air conditioning, appliances, and underground storage tanks past or present.
- Section III covers building and structural conditions: foundation, basement water or dampness, roof, chimney and fireplace, fire or smoke damage, walls, windows, insulation, asbestos, radon, lead paint, mold, pests, and pools or outbuildings.
- Section IV is a miscellaneous catch-all for anything else that could affect value or use.
- Section V is condominium information: master deed, parking, condo fees, reserve fund, pending litigation, special assessments. Skip it for a single-family home.
- Section VI is rental property information: units, permits, rents, leases, security deposits, sanitary code violations. Skip it if there are no rental units.
- Section VII is the acknowledgment page where seller and buyer sign and date.
The form closes with explanatory clauses on flood insurance, hazardous materials, asbestos, lead paint, radon, chlordane, mold, and fair housing. Those clauses give the buyer context for reading your answers in Sections I through III.
How to Answer Each Section Honestly
Work from documents, not memory. Pull your deed, prior closing file, insurance policy, permit records, and any receipts for major repairs before you start. The form captures your personal knowledge; it is not a warranty and it is not a substitute for a home inspection.
Title, Zoning, and Permits
Note any variance or special permit you obtained for an addition, deck, or similar project. Disclose work you did that required a building permit. If you ever received a notice of violation from the municipality, disclose it even if the issue was resolved. For flood zone status, check your insurance policy or mortgage paperwork; if you carry flood insurance, the property is almost certainly in a mapped flood zone.
Systems and Utilities
For each system, note current problems and significant past repairs. If you replaced the water heater three years ago, say so and give the approximate date. Underground storage tanks deserve particular care: if an oil tank was ever buried on the property, even one later removed, mark Yes and explain. Chapter 21E environmental liability can follow a property regardless of who buried the tank.
Structural and Environmental Questions
This is where sellers get nervous, and where honest use of “Unknown” protects you. If you have never tested for radon, mark that question Unknown rather than guessing. The EPA recommends remediation at or above 4 pCi/L, so if you did test and the result was at or above that level, attach the report and disclose it. Same logic for mold and asbestos: disclose what you know, attach any test results, and mark Unknown for what you never investigated.
Basement water trips up more sellers than any other question. If the basement leaked once in fifteen years during a historic storm, that counts. Mark Yes and describe the frequency, the amount, and the location. Downplaying a known water issue is the fastest route to a Chapter 93A dispute after closing.
When “Unknown” Is the Right Answer
“Unknown” is a legitimate answer when you genuinely do not have the information. Bought the house ten years ago and have no idea when the roof was last replaced before you owned it? Unknown is correct. What you cannot do is mark Unknown for something you plainly know. Checking Unknown on the basement water question when a sump pump has been running for five years is not a good-faith answer, and a buyer’s attorney will see through it.
Disclosures Massachusetts Law Does Require
Three disclosures sit outside the voluntary form and must be delivered regardless of whether you use the Statement of Property Condition. Missing any of them can delay closing, void the deal, or create direct liability.
Lead Paint Notification
If the home was built before 1978, you must give the buyer a Property Transfer Lead Paint Notification before the purchase and sale agreement is signed. This is required under M.G.L. c. 111, § 197A and 24 CFR Part 35.4General Court of Massachusetts. Massachusetts General Laws Chapter 111 – Section 197A The notification form, prepared by the Massachusetts Department of Public Health, covers the health risks of lead exposure and the legal obligations of owning pre-1978 housing, including the duty to delead or achieve interim control within 90 days of taking title if a child under six will live there.5Mass.gov. Property Transfer Lead Paint Notification
Hand over any lead inspection reports, risk assessments, letters of compliance, or letters of interim control you have. Both parties sign the certification page confirming the buyer received everything. Federal rules give the buyer a 10-day window to arrange a lead inspection before becoming contractually bound; the parties can agree in writing to shorten, extend, or waive it. The federal civil penalty for noncompliance is up to $10,000 per violation, plus potential liability for later lead-related injuries to occupants.6eCFR. 24 CFR Part 35 Subpart A – Disclosure of Known Lead-Based Paint
Title 5 Septic Inspection
If the property uses a private septic system, 310 CMR 15.301 requires an inspection at or within two years before transfer of title. The window extends to three years if you have annual pumping records covering the entire period. If weather prevents a pre-closing inspection, it can be completed up to six months after transfer, but only if you notify the buyer in writing of the Title 5 requirements before closing.7Mass.gov. 310 CMR 15.000 State Environmental Code Title 5 The complete inspection report goes to the buyer. A failed system must be upgraded, and mortgage lenders typically require either a completed repair or an escrow holdback before funding.8Mass.gov. Buying or Selling Property with a Septic System
Smoke and Carbon Monoxide Alarm Certificate
M.G.L. c. 148, § 26F requires every residential property to have compliant smoke alarms before sale or transfer. The local fire department inspects and issues a certificate of compliance. Smoke alarms are required on every level, in each sleeping area, in the hallway outside bedrooms, and at the top of open stairs. Carbon monoxide alarms are required on every habitable level, including basements and attics, and within 10 feet of bedroom doors on levels with sleeping areas.9Mass.gov. Smoke and Carbon Monoxide Alarms Replacement battery-operated smoke alarms must use a sealed, long-life battery. The certificate is valid for 60 days, so schedule the inspection close enough to closing that it does not expire. The original certificate is presented at closing.
What You Do Not Have to Disclose
Massachusetts specifically protects sellers from having to volunteer information about “psychologically impacted” properties. Under M.G.L. c. 93, § 114, the fact that a property was the site of a homicide, suicide, felony, or alleged paranormal activity is not a material fact requiring disclosure, and no lawsuit can be brought for staying silent about it. If a buyer asks directly, though, you and your agent must answer honestly.10General Court of Massachusetts. Massachusetts General Laws Chapter 93 – Section 114
This protection covers stigma, not physical defects. A death in the living room does not require disclosure. A cracked foundation in the basement does, if a buyer asks.
Delivering the Form and Keeping a Record
Give the completed, signed Statement of Property Condition to the buyer before the purchase and sale agreement is signed. The timing lets the buyer review your disclosures and adjust their offer, request further inspections, or negotiate repairs before they are contractually committed. The seller signs the form, the listing agent forwards it to the buyer’s agent, and the buyer signs Section VII to acknowledge receipt.
That signature does not mean the buyer agrees with your answers or waives any rights. It confirms they got the document. Keep the signed copy in your permanent transaction file. If a dispute surfaces later, the acknowledgment proves the buyer had the information in hand before committing. The Statement, the lead paint notification, the Title 5 report, and the smoke and CO certificate are typically attached to the purchase and sale agreement as addenda or assembled together in the closing file; your attorney or closing agent will want all of them in one place before signing.
What Happens If You Lie
Caveat emptor protects silence. It does not protect misstatements. A false answer on the form, or a verbal misrepresentation of a material fact, exposes you to a claim under Chapter 93A, the Massachusetts consumer protection statute. For a willful or knowing violation, a court can award two to three times the buyer’s actual damages plus reasonable attorney’s fees and costs, with the multiplier applied to the full judgment.11General Court of Massachusetts. Massachusetts General Laws Chapter 93A – Section 9
Filling out the form honestly costs you nothing. Filling it out dishonestly, or skipping it and then shading answers when a buyer asks questions verbally, can cost several times what an honest disclosure and a negotiated repair would have.