Sell in New Bedford with Meydomo

No Standard Seller Disclosure Form

Massachusetts law does **not** require a comprehensive written seller disclosure form for property condition (the state leans toward caveat emptor). Sellers must **not** actively conceal defects, and if asked about a specific issue, must answer honestly, but there isn’t a mandated form listing every property element. Many sellers in MA do voluntarily fill out a property information questionnaire provided by REALTORS®, but it’s not legally required. However, MA does impose a few specific disclosure mandates: (1) If the property has a septic system, the seller must provide the buyer with a Title 5 inspection report (septic inspection) dated within 2 years prior to sale, or within 6 months after sale under certain weather conditions. (2) Sellers must install smoke detectors and carbon monoxide alarms and obtain a certificate of compliance from the local fire department before closing, then give a copy to the buyer. (3) The sale contract must include a **Megan’s Law** clause advising buyers to check the sex offender registry; sellers are generally not required to disclose if a prior occupant had HIV/AIDS or if the property was the site of a death or felony (those are considered “psychologically impacted” property events under MA law, not required to be disclosed).

• 310 CMR 15.301:contentReference[oaicite:109]{index=109}
• M.G.L. c.148 §26F:contentReference[oaicite:110]{index=110}
• M.G.L. c.93, §114 (stigmatized property law)

MLS Practices (MLSPIN and Others)

Massachusetts’s primary MLS (MLSPIN) requires a listing agreement and has adopted the Clear Cooperation rule. MLSPIN rules require at least one photo (usually an exterior front) be posted within a few days of listing. Agents customarily upload the fire department smoke certificate and Title 5 septic certificate (if applicable) as attachments in MLS once obtained, to facilitate closing. MLS remarks cannot say anything like "no Section 8" or otherwise discriminatory (both MLS and Massachusetts law would penalize this). Since Massachusetts doesn’t have a standard seller condition report, the MLS listing itself often contains some property condition info (like age of roof, furnace, etc. if known), but buyers are expected to do due diligence via inspections.

• MLSPIN Rules & Regulations

Lead-Based Paint Hazard Disclosure

Federal law (Residential Lead-Based Paint Hazard Reduction Act of 1992) requires sellers of homes built before 1978 to disclose any known lead-based paint or lead hazards and provide buyers with the EPA’s lead hazard information pamphlet. In addition, Massachusetts has its own lead law: homes built before 1978 must also give buyers a Massachusetts lead notification form and certification of compliance or transfer forms if applicable. Buyers of pre-1978 homes in MA must also receive the state’s Lead Poisoning Prevention brochure.

• 42 U.S.C. 4852d
• 105 CMR 460.750 (MA Lead Law notice)

Fair Housing Act (No Discriminatory Advertising)

Under the federal Fair Housing Act (and parallel Massachusetts anti-discrimination law), sellers and agents must not advertise in a discriminatory manner. Mass. Gen. Laws ch.151B also prohibits discriminatory statements in real estate ads. Terms indicating preferences or limitations for any protected class (race, religion, national origin, sex, familial status, disability, etc., and in MA, also things like sexual orientation, gender identity, etc.) are illegal.

• 42 U.S.C. §3604(c)
• M.G.L. c.151B §4(7B)