Massachusetts Real Estate Purchase Agreement Template

Massachusetts is a “buyer-beware” state, meaning the primary responsibility for discovering property defects lies with the buyer. The seller is generally not required to volunteer information regarding the following:

• Non-Material “Stigmatized” Facts: Sellers and real estate agents are not legally required to disclose that a property was the site of a felony, suicide, or homicide (M.G.L. c. 93, § 114). 
• Patent Defects: A seller has no duty to disclose defects that are obvious or discoverable by a buyer’s reasonable inspections (Swinton v. Whitinsville Savings Bank (1942)).
• Off-Site Conditions: Unless directly asked, the seller does not have to disclose conditions located outside the property’s physical boundaries (Urman v. South Boston Savings Bank (1997)).
• Right to Silence: Unless a specific law mandates it (e.g., Lead Paint Disclosure), a seller may remain silent about the property’s condition; however, once a buyer asks a direct question, the seller must provide a truthful answer or risk a claim of fraudulent misrepresentation (Kannavos v. Annino (1969), Swinton v. Whitinsville Savings Bank (1942), Zimmerman v.  Kent (1991)).

Unlike sellers, real estate agents are required to disclose any known material fact that would influence a buyer’s decision (M.G.L. c. 93A). Therefore, agents typically submit a Seller’s Statement of Property Condition or equivalent disclosure.