Massachusetts Real Estate Purchase Agreement

Last Updated: June 15, 2023 by Phil Ahn

Massachusetts Real Estate Purchase Agreement Template_1 on

The Massachusetts residential real estate purchase agreement (“residential purchase and sale agreement”) is a document used during the process of buying residential real estate. To begin the process, a potential buyer will outline the stipulations of their offer in the agreement and deliver it to the seller for assessment.

Do Sellers in Massachusetts Have to Disclose Property Defects?

Massachusetts does not require real estate sellers to disclose any material defects. Certain states do not require the seller to disclose all defects (caveat emptor), meaning the buyer assumes the responsibility to conduct a real property inspection to seek out any potential defects with the property. In those states, if a buyer fails to conduct a proper examination, they may not have a legal alternative to reverse the real estate transaction.   

While landlords in Massachusetts are not required to disclose material defects, if the seller actively concealed latent defects or otherwise made material misrepresentations amounting to fraud, then they may be liable for damages or reversal of the real estate transaction.

Required Seller Disclosures in Massachusetts

Although with any material defects with the property, sellers in Massachusetts will also need to provide the following:

  • Statement of Property Conditions. Sellers of residential real property in  are required to provide a Property Disclosure Document to prospective buyers. 
  • Lead-Based Paint Disclosure. Any home that was constructed earlier than 1978 must come with a disclosure upon the transfer of the property that includes any data concerning the presence of lead on the premises as well as educational materials that communicate the risks involved with coming into contact with the harmful substance.
  • Title 5 Addendum. Sellers must provide prospective buyers with a report confirming that the property’s septic system has been inspected within 2 years of the sale.