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Massachusetts Disclosure

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Residential Property Disclosure and Disclaimer Statement

Instructions to the Seller

Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA".

If the answer to any items requires explanation, explain on attached sheets, if necessary.

Notice to the Buyer

The following disclosures are made by the seller(s), concerning the condition of the property located at , ("the property"), or as legally described on attached Exhibit A.

Disclosures contained in this form are provided by the seller on the basis of seller's actual knowledge of the property at the time this disclosure form is completed by the seller. The following are disclosures made by the seller and are not the representations of any real estate licensee or other party. This information is for disclosure only and is not intended to be a part of any written agreement between the buyer and the seller.

For a more comprehensive examination of the specific condition of this property you are advised to obtain and pay for the services of a qualified specialist to inspect the property on your behalf, for example, architects, engineers, land surveyors, plumbers, electricians, roofers, building inspectors, or pest and dry rot inspectors. The prospective buyer and the owner may wish to obtain professional advice or inspections of the property and to provide for appropriate provisions in a contract between them with respect to any advice, inspection, defects or warranties.

Seller(s), , is is not currently occupying the property.

Seller has owned the property for years.

I. Seller’s Disclosures. If explanation is needed, use attached sheet if necessary. Approximations should be labeled as such.

1. Title

A. Do you have legal authority to sell the property? Yes No Unknown

B. Is title to the property subject to any of the following:

(1) First right of refusal Yes No Unknown

If yes, explain:

(2) Option Yes No Unknown

If yes, explain:

(3) Lease or Rental Agreement Yes No Unknown

If yes, explain:

(4) Life Estate Yes No Unknown

If yes, explain:

C. Are there any encroachments, boundary disputes, or boundary agreements? Yes No Unknown

If yes, explain:

D. Are there any rights of way, easements, or access limitations that may affect the owner's use of the property? Yes No Unknown

If yes, explain:

E. Are there any written agreements for joint maintenance of an easement or right of way? Yes No Unknown

If yes, explain:

F. Is there any study, survey project, or notice that would adversely affect the property? Yes No Unknown

If yes, explain:

G. Are there any pending or existing assessments against the property? Yes No Unknown

If yes, explain:

H. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the subject property that would affect future construction or remodeling? Yes No Unknown

If yes, explain:

I. Is there a boundary survey for the property? If yes, attach survey. Yes No Unknown

J. Are the property’s boundaries marked? Yes No Unknown

If yes, explain:

K. Are there fences on the property? Yes No Unknown

If yes, were the fences put up by the property owner? Yes No Unknown

L. Are any trees or other flora on the property diseased, dead or damaged? Yes No Unknown

If yes, explain:

M. Are there any covenants, conditions, or restrictions which affect the property? Yes No Unknown

If yes, explain:

N. Is the property accessed by public or private road? Public Private Unknown

If private, what yearly upkeep amount is paid by the property owner?

If private, explain road upkeep in detail:

2. Water

A. Household Water

(1) The source of the water is: Public Community Private Shared

(2) Water source information:

a. Are there any written agreements for shared water source? Yes No Unknown

If yes, explain:

b. Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source? Yes No Unknown

If yes, explain:

c. Are any known problems or repairs needed? Yes No Unknown

If yes, explain:

d. Does the source provide an adequate year round supply of potable water? Yes No Unknown

e. Are there any water treatment systems (softener, purifier, etc.) for the property? Yes No Unknown

If yes, explain, and state if the system(s) is/are leased or owned:

B. Irrigation

(1) Are there any water rights for the property? Yes No Unknown

If yes, explain:

(2) If they exist, to your knowledge, have the water rights been used during the last five-year period? Yes No Unknown

If yes, explain:

(3) If so, is the certificate available? Yes No Unknown

Explain:

C. Outdoor Sprinkler System

(1) Is there an outdoor sprinkler system for the property? Yes No Unknown

(2) Are there any defects in the outdoor sprinkler system? Yes No Unknown

If yes, explain:

3. Sewer/Septic System

A. The property is served by (circle one): Public Sewer Main Septic Tank System Other Disposal System

If other, describe:

B. If the property is served by a public or community sewer main, is the house connected to the main? Yes No Unknown

If no, explain:

C. Is the property currently subject to a sewer capacity charge? Yes No Unknown

If yes, explain:

D. If the property is connected to a septic system:

(1) Was a permit issued for its construction, and was it approved by the city or county following its construction? Yes No Unknown

(2) On what date was it last pumped:

(3) Are there any defects in the operation of the septic system? Yes No Unknown

If yes, explain:

(4) On what date was it last inspected: By whom:

(5) How many bedrooms was the system approved for?

E. Do all plumbing fixtures, including laundry drain, go to the septic/sewer system? Yes No Unknown

If no, explain:

F. Are you aware of any changes or repairs to the septic system? Yes No Unknown

If yes, explain:

G. Is the septic system, including drainage field, located entirely within the property’s boundaries? Yes No Unknown

If no, explain:

4. Structural

A. How old is the current roof? years. Unknown

Roof is constructed of: Asphalt Shingle Wood Shingle Slate Metal Tile Asbestos Unknown Other

B. Has the roof leaked during your ownership? Yes No Unknown

If yes, has it been repaired? Yes No

Explain any roof repairs of which you are aware:

C. Has the house undergone any conversions, additions, or remodeling? Yes No Unknown

1. If yes, were all building permits obtained? Yes No Unknown

2. If yes, were all final inspections obtained? Yes No Unknown

Explain any conversions/additions/remodeling:

D. Do you know the age of the house? Yes No

If yes, give year of original construction (if approximation, indicate such):

E. Are you aware of:

(1) Any movement, shifting, deterioration or other problems with walls, foundation, crawl space or slab? Yes No

(2) Any cracks or flaws in the walls, ceilings, foundations, concrete slab, crawl space, basement, floors or garage? Yes No

(3) Any water leakage or dampness in the crawl space or basement? Yes No

(4) Any dry rot on the property? Yes No

(5) Any repairs or other attempts to control the cause or effect of any problem described above? Yes No

Explain any “Yes” answer(s) to 1-5 above. When describing repairs or control efforts, describe the location, extent, date, and name of person/company who did the work. Attach any reports and/or other documentation:

F. If you know of any defect(s) regarding the following items, mark the defective item with a check:

1. Foundation

2. Deck

3. Exterior walls

4. Chimneys

5. Interior walls

6. Fire Alarm

7. Doors

8. Door locks

9. Patio

10. Ceilings

11. Slab Floors

12. Driveways

13. Attic Stairs

14. Windows

15. Window locks

16. Sidewalks

17. Outbuildings

18. Fireplaces

19. Garage Floors

20. Walkways

21. Balconies

22. Wood Stoves

If you checked any of the above items, explain the defect(s):

G. In the last 4 years, was a pest, dry rot, structural or "whole house" inspection done? Yes No Unknown

If yes, which test(s), when, and by whom was the inspection done? (Attach documentation)

H. Has the property had a problem with pest control, infestations, or vermin? Yes No Unknown

If yes, explain:

I. Are you aware of:

(1) Any termites, wood destroying insects or pests on or affecting the property? Yes No

(2) Property damage by termites, wood destroying insects or pests? Yes No

If yes, describe:

(3) Any termite/pest control treatments on the property in the last 4 years? Yes No

If yes, list company and where treated:

(4) Current warranty or other coverage by a licensed pest control company on the property? Yes No

If yes, explain warranty and attach documentation:

J. Have you made a homeowner’s insurance claim(s) regarding the property in the last 4 years? Yes No

If yes, explain when and why:

5. Systems and Fixtures

If the following systems or fixtures are included with the transfer, do they have any existing defects: Yes No Unknown

A. Electrical system, including wiring, all switches, all outlets, and service Yes No Unknown

If yes, explain:

What type of wiring comprises the electrical system? Copper Aluminum Unknown

B. Plumbing system, including pipes, faucets, fixtures, and toilets Yes No Unknown

If yes, explain:

C. Hot water heater (mark one): Electric Natural Gas Other Age: years

If yes, explain:

D. Oven/stove: Electric Natural Gas Other Age: years

If yes, explain:

E. List ANY OTHER APPLIANCES TO REMAIN, attach separate sheet if necessary.

1. Age: years Yes No Unknown

If yes, explain:

2. Age: years

If yes, explain:

3. Age: years

If yes, explain:

F. Cooling and Heating systems

Air Conditioning (mark one): Central Electric Central Gas Heat Pump Window Unit(s) Other (describe):

Air Conditioning (continued): Age of cooling system: years. Zoned cooling? Yes No

Air Conditioning defects? No Unknown Yes, explain:

Heating system (mark one): Electric Natural Gas Fuel Oil Heat Pump Propane Other

Age of heating system: years. Zoned heating? Yes No

Heating system defects? No Unknown Yes, explain:

Last date of servicing: Heating: Cooling: By whom:

Are there rooms without heating/air conditioning vents? Yes No

If yes, which rooms:

G. Security system (Circle One): Owned Leased Any defects? Yes No Unknown

Describe security system:

If defects are indicated, explain:

H. Other: Any defects? Yes No Unknown

If defects are indicated, explain:

6. Common Interest

A. Is there a Home Owners' Association? Yes No Unknown

If yes, what is the name of the association?

B. Are there regular periodic assessments: Yes No Unknown

If yes, give amount per: Month: $ Year: $ Other: $

If other, explain:

C. Are there any pending special assessments? Yes No Unknown

D. Are there any shared “common areas” or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)? Yes No Unknown

If any such areas exist, explain:

7. Appliances, Heating, Plumbing, Electrical and Other Mechanical Systems

Instructions: Mark INCL if the item is included in the sale. If item is included in sale, mark Yes or No to indicate whether item is in working order. Indicate the item’s approximate age in the age space, if provided - if age is unknown, mark “?”.

Item / Incl / Yes / No

Attic Fan

Air Conditioner (central) age:

Air Conditioner (wall/window) age:

Air Cleaner/Purifier age:

Ceiling Fan(s), # included

Clothes Washer age:

Convection Oven age:

Dishwasher age:

Door Bells

Drain Tile System

Dryer age:

Exhaust Fans (bathroom)

Fireplace

Fireplace Mechanisms

Furnace age:

Furnace Mechanisms

Freezer age:

Garbage Compactor

Garbage Disposal

Garage Door Opener (GDO)

GDO Auto-reverse Safety Mechanism

GDO Remote Opener(s), # included:

Gas Grill

Gas Logs

Heating System (central) age:

Heating System (supplemental) age:

Humidifier age:

Incinerator

Intercom

Lawn Sprinkler System

Item / Incl / Yes / No

Lawn Sprinkler Auto-timer

Lawn Sprinkler Backflow Valve

Microwave Oven age:

Plumbing

Pool age:

Pool Equipment/mechanisms age:

Range/Oven age:

Range Timer

Range Vent-hood

Refrigerator age:

Security System

Smoke Detectors (battery)

Smoke Detectors (hardwired)

Solar Collectors

Sump Pump

Toilet Mechanisms

TV Antenna/receiver/dish

TV Cable wiring

Water Heater age:

Window Treatments

Whirlpool/Hot-tub age:

Wood Burning Stove

Yard Lights

Other:

Other:

Other:

Other:

Other:

Explanations: if any item above is NOT in working order, list the item and explain the defect in the space below.

8. General

A. Is there any settling, soil, standing water, or drainage problems on the property? Yes No Unknown

If yes, explain:

B. Does the property contain fill material? Yes No Unknown

C. Is there any material damage to the property or any of the structure from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? Yes No Unknown

If yes, explain:

D. Is the property in a designated flood plain? Yes No Unknown

E. Are there any substances, materials, or products that may be an environmental hazard such as, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks and contaminated soil or water on the subject property? Yes No Unknown

If yes, explain:

F. Are there any tanks or underground storage tanks (e.g., chemical, fuel, etc.) on the property? Yes No Unknown

If yes, explain, and give approx. position (attach map):

G. Has the property ever been used as an illegal drug-manufacturing site? Yes No Unknown

If yes, explain:

H. If the property contains a wood-burning stove or fireplace, when was/were the chimney(ies) last cleaned?

Detail date(s) and chimney(ies), or mark Unknown:

I. Are you aware of any of the following regarding the property?

Existing or threatened legal action

Transferable warranties

Fire Damage at any time

Violation of any law or regulation

Any locks without keys

Appraiser or Mechanic’s Lien

General stains or pet stains to carpet or floor

Unrecorded interests affecting the property

Landfills or underground problems

If any of the above are marked, explain:

J. If any tests to detect radon gas have been done on the property, provide documentation. If radon gas has been detected on the property, explain when, where, by whom, and all other details:

9. Full Disclosure by Sellers

A. Other conditions or defects:

Does the Seller know of any other material defects affecting this property or its value that a prospective buyer should know about? Yes No

If yes, explain:

B. Verification:

The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property.

Date

Seller

Seller

II. Buyer's Acknowledgment

A. As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects which are known to me/us or can be known to me/us by utilizing diligent attention and observation.

B. Each buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made only by the seller.

C. Buyer (which term includes all persons signing the buyer's acknowledgement portion of this disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (including attachments, if any) bearing seller's signature.

Disclosures contained in this form are provided by the seller on the basis of seller's actual knowledge of the property at the time of disclosure.

Buyer hereby acknowledges receipt of a copy of this real property transfer disclosure statement and acknowledges that the disclosures made herein are those of the seller only, and not of any real estate licensee or other party.

Date

Buyer

Buyer

Enter text✕

What the Massachusetts Disclosure Is and Where It Applies

The Massachusetts Disclosure is a state-specific disclosure used in residential real estate transactions to inform prospective buyers about known material defects, environmental hazards, and property condition matters. It documents facts the seller knows about the property and supplements contract terms during offer, inspection, and closing stages. While formats and required fields vary by locality and transaction type, completed disclosures become part of the closing record and may be relied on by lenders, attorneys, and title companies. Electronic completion and retention are accepted in most commercial settings when executed under ESIGN and relevant state e-signature law.

Why Completing a Clear Disclosure Matters

A complete, accurate Massachusetts Disclosure reduces closing delays, limits buyer rescission risk, and documents seller knowledge for title and mortgage underwriters. It supports informed consent and creates a record that can reduce post-closing disputes when paired with inspection reports and repair records.

Why Completing a Clear Disclosure Matters

Primary Users and Participants

Typical participants who prepare, review, or rely on the Massachusetts Disclosure.

  • Real estate agents and brokers who collect seller responses and attach disclosures to listings and offer packages.
  • Sellers and property owners who must disclose known defects, environmental issues, and permit history to buyers.
  • Closing attorneys, title companies, and lenders who review disclosures to assess title risk and underwriting conditions.

Core Sections Found in a Professional Massachusetts Disclosure

A professional disclosure groups facts into clear sections so buyers and closing professionals can verify condition, permits, and known hazards before finalizing a transaction.

Property Details

Street address, parcel or MLS number, year built, and occupancy status. Accurate identifiers ensure the disclosure is tied to the correct tax and title records.

Known Defects

List structural, mechanical, plumbing, HVAC, or roof issues the seller is aware of, including approximate dates and whether repairs were completed by licensed contractors.

Environmental Hazards

Disclose known lead paint, radon, oil tank presence, flood zone status, or other environmental conditions that materially affect habitability or marketability.

Permits and Work

Identify any unpermitted work, recent renovations, or outstanding building-code violations and include permit numbers or contractor names when available.

Utilities and Services

Document water source, septic or sewer connections, heating fuel type, and known service interruptions or drainage problems that affect property use.

Signatures and Dates

Seller signature, printed name, and date; co-owner signatures if applicable. Signature blocks establish attribution and effective disclosure date.

Step-by-Step: How to Complete the Massachusetts Disclosure

Follow these steps to gather information, complete the form, and deliver a legally sound disclosure.

  • 01
    Gather Documents: Collect inspection reports, permits, invoices, and title information.
  • 02
    Complete Fields: Enter names, address, dates, and detailed defect descriptions.
  • 03
    Sign and Date: All owners sign; record signature date in MM/DD/YYYY format.
  • 04
    Deliver Copies: Provide signed copies to buyer, agent, and closing attorney.

How to Configure an Online Disclosure Workflow

When digitizing the form, configure fields and routing so each party receives the correct version at the right time.

Field Configuration
Signature Require signer name and date; lock after signing
Attachment Allow PDF upload for inspection reports
Routing Send to seller → buyer → closing attorney in order
Authentication Enable email link or SMS code for signer verification

Digital Signing and Delivery: Platform Considerations

Choose a platform that supports common file formats, provides an audit trail, and integrates with closing workflows.

  • File Formats: PDF, DOCX, HTML supported
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Audit Trail: Timestamps, IP, and action log

Ensure the chosen platform can preserve an unalterable copy for the closing file and support any additional signer authentication the transaction requires.

Where to Send the Completed Disclosure

Deliver the signed disclosure to every party who relies on it during closing and title review to prevent last-minute objections.

  • Buyer: Provide a copy as part of the offer package
  • Listing Agent: Upload to listing file and MLS if required
  • Closing Attorney: Include with title and escrow documents
  • Lender / Underwriter: Provide upon request for underwriting review

Potential Legal and Transactional Risks of an Incorrect Disclosure

Civil Liability: Buyer claims or damages
Contract Rescission: Buyer may cancel transaction
Title Delays: Escrow holds or exceptions
Insurance Risk: Claims or denied coverage
Regulatory Exposure: Disclosure-law violations
Notarization Issue: Invalid signature records

Common Preparation Mistakes to Avoid

  • Incomplete property identifiers: leaving out unit numbers, parcel IDs, or MLS numbers creates ambiguity and can delay title clearance during closing.
  • Vague defect descriptions: using phrases like 'works sometimes' without details, dates, or repair records undermines reliance and increases post-closing disputes.
  • Unsigned or undated forms: missing signatures or dates often result in re-execution requests and last-minute closing postponements.
  • Failing to attach supporting paperwork: omitting permits, inspection reports, or contractor receipts reduces the disclosure's evidentiary value at closing.

Security and Compliance Features to Protect Disclosure Records

Encryption in Transit: TLS 1.2/1.3
Encryption at Rest: AES-256
Audit Trail: Timestamps and signer metadata
Compliance Certifications: SOC 2 Type II, ISO 27001
HIPAA Availability: BAA required
Accessibility: WCAG 2.0 Level AA

Practical Tips for Accurate and Efficient Completion

Follow these best practices to reduce errors, speed review, and preserve legal value in the disclosure.

Complete All Identifiers
Confirm street address, parcel number, and legal owner names match the deed and listing to avoid title and underwriting discrepancies at closing.
Attach Documentation
Add inspection reports, permits, contractor invoices, and photographs to support statements and minimize follow-up requests during escrow review.
Use Durable Electronic Records
Preserve a tamper-evident signed PDF with audit trail metadata to support authenticity and satisfy ESIGN record-retention requirements.
Verify Signer Identity
Confirm signer identity with government ID or two-factor authentication where possible to strengthen attribution and reduce fraud risk.

Real-World Examples of Digital Disclosure Workflows

Two examples illustrate how digitized disclosures reduce friction in closing and recordkeeping.

Martin Properties (Tim Martin)

Many small brokerages moved disclosures online to streamline closings and improve response times.

  • Rapid turnaround from listing to contract reduced fall-throughs.
  • TIM MARTIN, Founder, said: "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Optica Ventures (Brian Fitzgibbons)

Venture-backed property managers standardized disclosures across units using templates and attachments.

  • Templates ensured consistent defect reporting across portfolios.
  • BRIAN FITZGIBBONS, COO, noted: "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

eSignature Vendor Comparison for Completing the Massachusetts Disclosure

Comparison of basic vendor features and pricing models to consider when selecting an eSignature provider for disclosure workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Premium tier) Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Varies by plan Varies by plan Varies by plan Varies by plan
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions About the Massachusetts Disclosure

Answers to common legal, procedural, and technical questions about completing and validating a Massachusetts Disclosure.


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