State Practice, Closing, and Disclosure (Massachusetts)
This topic covers Massachusetts's buyer-beware approach, the state Lead Law, and closing customs.
Caveat Emptor and Known Defects
Massachusetts follows caveat emptor (buyer beware) and does not require a standardized statewide seller disclosure form. However, sellers and agents may not misrepresent the property and must disclose known material defects. Buyers are strongly encouraged to obtain professional inspections, and buyers' agents commonly protect their clients through inspection contingencies.
The Massachusetts Lead Law and Closings
The Massachusetts Lead Law requires owners to remove or cover lead paint hazards in homes built before 1978 where a child under six resides, to prevent lead poisoning. Massachusetts closings are commonly handled by attorneys who review title, prepare documents, and disburse funds. Taxes and other items are prorated, and the deed is recorded at the registry of deeds.