Massachusetts Residential Purchase Agreement

A Massachusetts residential purchase agreement is a legally binding document that facilitates the sale of residential real estate between a seller and a buyer.

This agreement outlines the terms of the sale, including the purchase price and payment methods. It mandates that the buyer inspect the property for defects, as sellers are not obliged to disclose issues. Once both parties sign, the agreement solidifies the transaction.

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Required Seller Disclosures

Lead-Based Paint Disclosure

Federal law (42 U.S. Code § 4852d) requires sellers to disclose any known lead hazards for homes built before 1978.

Property Disclosure Statement

While not mandated by state law, the seller may choose to supply the buyer with a report on the property's condition at the time of sale.

Other Disclosures

Title 5 Addendum (Septic Systems): Sellers must inform buyers about any septic systems on the property. Disclosure is required for properties with underground waste disposal systems, such as septic tanks or cesspools. These systems need to pass an inspection either within two years before selling the property or up to three years if documented annual pumping is provided. If weather conditions prevent an inspection at the sale time, there is a six-month grace period post-sale to complete it [1] .

Do Sellers in Massachusetts Have to Disclose Property Defects?

In Massachusetts, real estate sellers aren’t mandated to reveal any material defects to buyers. It’s a buyer’s responsibility to inspect the property for defects, as failure to do so may limit their legal options to contest the sale. However, if a seller hides defects or commits fraud, they could be legally responsible for damages or the sale could be reversed.

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1. 310 CMR 15.301. https://casetext.com/regulation/code-of-massachusetts-regulations/department-310-cmr-department-of-environmental-protection/title-310-cmr-15000-the-state-environmental-code-title-5-standard-requirements-for-the-siting-construction-inspection-upgrade-and-expansion-of-on-site-sewage-treatment-and-disposal-systems-and-for-the-transport-and-disposal-of-septage/subpart-d-inspection-and-maintenance-of-systems/section-15301-system-inspection

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