Massachusetts Property Disclosure Statement

Massachusetts is a caveat emptor (buyer beware) state and does not require sellers to complete or deliver a standard residential property disclosure form for most transactions. However, sellers must disclose known material defects that affect the value or desirability of the property and cannot actively conceal or misrepresent facts. Sellers of residential property built before 1978 must provide specific lead-based paint disclosures and notifications under M.G.L. c. 111 § 197A and federal law before the buyer signs a purchase and sale agreement. Buyers are expected to conduct independent due diligence, including professional inspections.

This document serves as a voluntary disclosure statement to memorialize known conditions, satisfy lead-paint notification requirements where applicable, and reduce post-closing disputes. It is not a warranty and does not replace the need for buyer inspection., -

Property and Parties

Property Address: [[Full Property Street Address, Unit if any]], [[City]], Massachusetts [[ZIP Code]]

Property Type: [[Single Family / Condominium / Multi-Family / Other]]

Year Built: [[Year Built, especially critical if pre-1978]]

Parcel / Assessors ID: [[Tax Parcel or Map/Block/Lot ID]]

Seller(s): [[Seller 1 Full Legal Name]] and [[Seller 2 Full Legal Name if applicable]]

Buyer(s): [[Buyer 1 Full Legal Name]] and [[Buyer 2 Full Legal Name if applicable]]

Date of this Statement: [[Date of Disclosure Statement]]

Date of Purchase and Sale Agreement (if signed or pending): [[P&S Date or "Not yet executed"]], -

Lead-Based Paint Disclosure (Required for Pre-1978 Housing)

If the property was built before 1978, federal and Massachusetts law require the following disclosures prior to the buyer becoming obligated under contract.

Housing Built Before 1978: [[Yes / No / Unknown, Seller to complete accurately]]

Seller's Knowledge of Lead-Based Paint and/or Lead-Based Paint Hazards (check one):

• [ ] Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

• [ ] Seller has knowledge of lead-based paint and/or lead-based paint hazards in the housing and has provided the buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards (list documents below or attach).

Known Lead Documents Provided (if any):

1. [[List lead inspection report, risk assessment, or letter of compliance, include date and preparer, or "None"]]

2. [[Additional report or "N/A"]]

Buyer Acknowledgment of Receipt of Lead Pamphlet and Materials:

Buyer acknowledges receipt of the EPA pamphlet "Protect Your Family From Lead in Your Home", the Massachusetts Property Transfer Lead Paint Notification Certification (CLPPP form), and any lead reports listed above prior to signing any purchase contract.

Buyer Signature for Lead Disclosure Acknowledgment: ____________________________ Date: [[Date]]

Seller Signature for Lead Disclosure: ____________________________ Date: [[Date]]

Agent Acknowledgment (if applicable): Real estate licensee [[Agent Name]] has informed the seller of the seller's obligations under 42 U.S.C. 4852d and M.G.L. c. 111 § 197A and is aware of his/her responsibility to ensure compliance.

Agent Signature: ____________________________ Date: [[Date]]

> Note: A buyer of pre-1978 housing has at least ten (10) days (or longer if agreed) to conduct a lead inspection or risk assessment after receiving the disclosures, unless the transaction is a foreclosure sale., -

Known Material Defects and Property Conditions

Seller discloses the following known material defects, conditions, or problems. "Material" means a defect that would significantly affect the value or use of the property or that a reasonable buyer would consider important in deciding whether to purchase. Ordinary wear and routine maintenance items are not material defects.

If an item is not applicable or unknown, mark accordingly. Attach additional pages or reports as needed.

1. Structural Systems (foundation, floors, walls, ceilings, roof structure)

[[Describe any known cracks, settling, water intrusion, sagging, rot, or structural repairs. Include dates and whether repaired: e.g., "Foundation crack in north wall repaired in 2023 by ABC Waterproofing; no recurrence observed." or "No known issues."]]

2. Roof, Gutters, and Drainage

[[Describe age of roof if known, leaks, missing shingles, ice dam history, gutter condition, or recent replacement: "Asphalt shingle roof replaced approximately [[Year]]; no active leaks reported."]]

3. Plumbing System (supply, waste, fixtures, water heater, septic/well if applicable)

[[Known issues: low pressure, leaks, pipe material (e.g., galvanized, polybutylene), septic failures, well quality: "Replaced water heater in [[Year]]; no other known issues."]]

4. Electrical System

[[Known issues: knob-and-tube wiring, aluminum branch wiring, fuse box, GFCI/AFCI status, panel upgrades, or outlets not working: "200-amp service upgraded in [[Year]]; some original wiring remains in garage."]]

5. Heating, Ventilation, and Air Conditioning (HVAC)

[[Age and type of systems, known failures, ductwork issues, fuel source: "Gas-fired forced hot air furnace installed [[Year]]; serviced annually; central A/C added [[Year]]."]]

6. Water Intrusion, Moisture, and Mold

[[History of water in basement/crawl/attic, flooding, drainage problems, visible mold, or past remediation: "Minor seepage in finished basement during heavy rains in 2024; French drain installed by XYZ Co. No mold reported since."]]

7. Insulation and Energy

[[Known deficiencies, blown-in insulation status, window/door condition, past energy audits: "Attic insulated with cellulose to R-38 in [[Year]]; some single-pane windows remain."]]

8. Environmental and Hazardous Materials

[[Known asbestos, radon, underground storage tanks, soil contamination, prior use as dry cleaner/gas station, fill material, or other: "Radon test in 2023 measured 2.8 pCi/L (below action level); no USTs known."]]

9. Pest Infestation and Wood-Destroying Insects

[[Termites, carpenter ants, rodents, bats, bed bugs, or prior treatments: "Annual pest control contract with ABC Exterminating; no active infestation at time of sale."]]

10. Fireplaces, Chimneys, and Wood Stoves

[[Condition, creosote buildup, liner status, permits for installation: "Chimney cleaned and inspected [[Year]]; no known defects."]]

11. Swimming Pool, Spa, or Hot Tub (if any)

[[Condition of pool/spa, equipment, fencing, permits, known leaks: "In-ground pool; liner replaced [[Year]]; equipment functional." or "N/A"]]

12. Appliances and Fixtures Included

[[List major appliances included and any known defects: "Refrigerator, range, dishwasher, washer, dryer, all functional at time of listing except [[specific item needing repair]]."]]

13. Condominium / HOA / Common Elements (if applicable)

[[Known special assessments, pending litigation, reserve status, master insurance issues, or rules violations: "No special assessments pending as of [[Date]]; reserves at [[%]] per most recent financials." or "N/A"]]

14. Other Known Material Facts

[[Any other conditions, prior insurance claims, boundary disputes, easements, encroachments, unpermitted work, or seller knowledge that a buyer should be aware of: "Shed on rear lot line may encroach slightly per survey dated [[Date]]; neighbor has not objected."]], -

Seller's Representations and Limitations

Seller represents that the statements above are true and complete to the best of Seller's actual knowledge as of the date signed. Seller has not conducted a professional inspection of every system solely for the purpose of this disclosure.

Buyer acknowledges:

• Massachusetts law does not require a standard disclosure form.

• This statement is not a warranty or guarantee of any kind.

• Buyer has the opportunity and is encouraged to obtain independent professional inspections of all systems and components.

• Buyer is purchasing the property in its present "as-is" condition except as otherwise stated in the Purchase and Sale Agreement.

• Buyer has received copies of any reports or documents listed above.

Seller(s) Signature(s):

[[Seller 1 Full Name]] _______________________________ Date: [[Date]]

[[Seller 2 Full Name]] _______________________________ Date: [[Date]]

Buyer(s) Acknowledgment and Receipt:

[[Buyer 1 Full Name]] _______________________________ Date: [[Date]]

[[Buyer 2 Full Name]] _______________________________ Date: [[Date]], -

Recommended Buyer Due Diligence Checklist

Buyer should consider, at minimum, the following before removing inspection contingencies:

1. Engage a licensed home inspector for a full structural, mechanical, and safety inspection.

2. Obtain a pest/wood-destroying insect inspection if not included.

3. Test for radon (especially in Zone 1 areas) and review results against EPA action level of 4.0 pCi/L.

4. Review water quality test if on private well; inspect septic system if applicable (Title 5 in MA).

5. Verify smoke/CO detector compliance with current Massachusetts law.

6. Review condominium documents, financials, meeting minutes, and reserve study if a condo.

7. Obtain a survey or plot plan to confirm boundaries, encroachments, and easements.

8. Check for flood zone status and review any required flood insurance disclosures.

9. Confirm all permits were obtained for additions, renovations, or system replacements.

10. Review utility bills for the prior 12, 24 months and inquire about average costs.

11. For pre-1978 housing, consider a lead inspection or risk assessment within the allowed timeframe.

12. Review title report, survey exceptions, and any municipal lien certificates., -

Disclaimer and Sources

> Template, not professional legal advice. This voluntary disclosure statement is provided for informational purposes. Sellers should disclose all known material defects. Buyers must perform their own due diligence. Lead-paint requirements are mandatory for pre-1978 housing and carry civil and potential criminal penalties for non-compliance. Laws and disclosure obligations can change; verify current requirements with the Massachusetts Executive Office of Housing and Livable Communities, local boards of health, and a licensed Massachusetts real estate attorney. As of June 2026.

Sources (as of June 2026):

• M.G.L. c. 111 § 197A (Notice to prospective purchasers, lead hazards)

• 105 CMR 460.000 (Lead poisoning prevention and control, property transfer requirements)

• Federal Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4852d)

• Massachusetts Attorney General consumer resources on real estate

• Massachusetts Executive Office of Housing and Livable Communities

• EPA pamphlet "Protect Your Family From Lead in Your Home", -

*Massachusetts Property Disclosure Statement, airealtydesk.pro*