No single mandatory comprehensive disclosure form — Massachusetts relies on several separate mandatory disclosures rather than one unified "seller disclosure statement": (1) Mandatory Licensee–Consumer Relationship Disclosure (agency disclosure, given by the licensee at first substantive contact); (2) written lead paint disclosure under the state Lead Law (105 CMR 460) and the federal Residential Lead-Based Paint Hazard Reduction Act (for pre-1978 housing); (3) Title 5 septic system disclosure/inspection certificate (310 CMR 15.000) when the property is not on public sewer; and (4) the new Massachusetts Mandatory Residential Home Inspection Disclosure created by the 2024 Affordable Homes Act (effective October 15, 2025). — Massachusetts is fundamentally a "caveat emptor" (buyer beware) state — there is NO general statute requiring sellers to fill out a comprehensive property-condition disclosure form like many other states use. The core statutory anchor most often cited is M.G.L. c. 93, Section 114 (Part I, Title XV, Chapter 93, Section 114), which addresses only "psychologically impacted" property and expressly states such facts are NOT material facts requiring disclosure — while also making clear the law does not permit affirmative misrepresentation. Beyond that, disclosure obligations are scattered across specific statutes/regulations: the state Lead Law (M.G.L. c. 111, Section 197 and 105 CMR 460) for lead paint; Title 5 of the State Environmental Code (310 CMR 15.000) for septic systems; M.G.L. c. 112, Section 87AAA½ and Board of Registration regulations (254 CMR) for real estate licensee agency disclosure; and the 2024 "Affordable Homes Act" (Chapter 150 of the Acts of 2024) for the new home inspection disclosure requirement, implementing regulations effective October 15, 2025.
Massachusetts is honestly and accurately a caveat emptor (buyer-beware) state — it has no general law compelling sellers to complete a comprehensive written property-condition disclosure statement the way states like California, Texas, or New York do. Voluntary written disclosure statements exist and are commonly used in practice via MAR (Massachusetts Association of Realtors) forms, but they are not legally mandatory for private sellers. That said, Massachusetts does impose several narrow, specific mandatory disclosures: (1) federal/state lead paint disclosure for homes built before 1978; (2) Title 5 septic system disclosure and a valid (within 2, or up to 3 years with documented annual pumping) septic inspection certificate if the property is not on public sewer; (3) real estate licensee agency-relationship disclosure (who the agent represents) at first substantive contact, via the Mandatory Licensee-Consumer Relationship Disclosure form; and (4) as of October 15, 2025, a new Mandatory Residential Home Inspection Disclosure under the 2024 Affordable Homes Act, which bars sellers/agents from conditioning offer acceptance on inspection waivers and requires a signed disclosure affirming the buyer's inspection rights before an offer is accepted. Sellers are also legally barred from lying or affirmatively misrepresenting known material defects if a buyer directly asks (case law under M.G.L. c. 93A and common-law fraud/misrepresentation principles), even though they have no general affirmative duty to volunteer defects unprompted. Notably, "psychologically impacted" property facts (e.g., deaths, hauntings, prior crimes) are explicitly exempted from disclosure by statute (M.G.L. c. 93, Section 114). A significant pending change to watch is the proposed "Mass Ready Act" (Massachusetts Climate Readiness and Disclosure Act), which as of mid-2025 had passed out of committee and could add flood-risk disclosure obligations for landlords/rentals in 2026, but it had not yet been enacted as of the most recent search results.
Effective October 15, 2025, the 2024 Affordable Homes Act (signed by Governor Healey on August 6, 2024) implemented a significant new requirement: sellers and listing agents can no longer condition acceptance of a purchase offer on the buyer waiving or limiting a home inspection, and a new Massachusetts Mandatory Residential Home Inspection Disclosure form must be delivered and signed no later than the first written offer to purchase, covering 1-4 unit residential buildings, condos, and co-ops (with exceptions for intra-family transfers, estate planning, and foreclosures). This rule was originally slated to take effect June/July 2025 but was delayed to October 15, 2025 after real estate industry advocacy. Separately, as of mid-2025 a proposed "Massachusetts Climate Readiness and Disclosure Act" (Mass Ready Act) had passed out of the Joint Committee on Environment and Natural Resources and was expected to reach the House in early 2026; if enacted it would require landlords (and potentially sellers) to disclose known flood risks, but this bill had NOT been enacted as of the most recent available search results, so it should be described as pending/proposed, not current law.
Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.