Seller disclosure in Massachusetts and New Hampshire is crucial as it addresses many anxiety-producing parts of the selling process. You know about the water that came in the basement three years ago, the addition that was never permitted, and the oil tank that was removed a decade back. Do you have to tell buyers about seller disclosure in Massachusetts and New Hampshire?
Here’s the framework — and an important caveat upfront: disclosure law is state-specific and fact-specific. This is orientation, not legal advice. When in doubt, talk to your real estate attorney.
Understanding the importance of seller disclosure in Massachusetts and New Hampshire can ease the anxiety of the selling process. Sellers must be aware of their obligations.
Understanding seller disclosure in Massachusetts and New Hampshire can also help you navigate the complexities of the real estate market. Make sure you are clear on your responsibilities regarding seller disclosure in Massachusetts and New Hampshire.
The Federal Requirement You Cannot Skip
Lead Paint Disclosure in Massachusetts and New Hampshire
If your home was built before 1978, federal law requires you to disclose any known lead-based paint or lead hazards before the sale. This means completing an EPA-approved disclosure form and providing buyers with the standard informational pamphlet. Penalties for non-compliance can reach nearly $20,000 per violation.
You are required to disclose what you know. You are not required to test unless your state has additional rules. But if you’ve had a lead test done, those results must be shared.
Massachusetts: Buyer Beware With Important Exceptions
It is important to follow the guidelines for seller disclosure in Massachusetts and New Hampshire to avoid any legal issues that may arise during the selling process.
Remember, failure to comply with seller disclosure in Massachusetts and New Hampshire can lead to significant penalties and complications.
Massachusetts is technically a ‘buyer beware’ state, which means there’s no single mandatory comprehensive disclosure form. However, sellers are legally required to disclose known material defects — conditions that would materially affect a reasonable buyer’s decision or the price they’d pay.
Using a seller disclosure in Massachusetts and New Hampshire form can streamline your responsibilities and ensure that all necessary information is communicated to potential buyers.
Common examples of material defects that must be disclosed: active or prior water intrusion, foundation issues, underground or above-ground oil tanks, prior pest infestations, and known structural problems. The fact that you fixed something years ago does not necessarily eliminate your obligation to disclose that it happened.
New Hampshire: Similar Framework
New Hampshire sellers are also expected to disclose known material defects. NH has a more commonly used seller’s disclosure form, and in practice, most sellers and agents complete it thoroughly. Areas of particular attention in our market: well and septic condition, age and condition of major systems, and any known boundary or easement issues.
Areas of particular attention in our New Hampshire seller disclosure requirements:
- Well and septic condition and age
- Age and condition of major systems (roof, HVAC, water heater)
- Known boundary disputes or easement issues
- Any ongoing or past issues with water, pests, or structural integrity
The Scenarios Sellers Ask About Most
Being proactive with seller disclosure in Massachusetts and New Hampshire can help facilitate a smoother closing process for your sale.
- Unpermitted additions: Generally must be disclosed. The buyer’s lender may require permits before closing. Options include retroactive permitting (possible in some towns) or pricing to reflect the issue.
- Past water in the basement: Even if resolved years ago, disclosure is generally prudent and legally advisable. Document what you did to fix it.
- Death on the property: Massachusetts does not require disclosure of a natural death. New Hampshire law is similar. Violent crimes are treated differently — consult your attorney.
- Oil tanks: Above-ground tanks must be disclosed. Underground tanks are heavily regulated in MA and can require DEP involvement. If you have one, address it early.
What ‘As-Is’ Actually Means
Selling as-is does not mean you have no disclosure obligations. You still must disclose known material defects. What as-is does mean is that the buyer agrees not to ask for repairs based on what the inspection finds — they accept the condition that’s been disclosed and that they can observe.
An undisclosed material defect discovered after closing is grounds for legal action regardless of how the sale was structured.
A Word on Documentation
Whether or not something feels significant enough to disclose, documentation is your best protection. Keep records of repairs, permits pulled, inspections completed, and any professional assessments of systems or structural elements. If a question comes up during the transaction — or years later — having a paper trail is far more useful than relying on memory. Sellers who approach disclosure proactively, with records to back them up, tend to have smoother closings and fewer post-sale complications.
Sellers should understand that seller disclosure in Massachusetts and New Hampshire remains essential even when selling as-is.
Questions About Your Specific Property?
Disclosure questions rarely have simple answers, and it’s normal to finish reading something like this with more questions than you started with. The specifics of your property, your town, and your transaction all matter. I’ve navigated these situations many times across Southern NH and Northern MA, and I’m glad to talk through what applies to your situation.
Documentation is key when it comes to seller disclosure in Massachusetts and New Hampshire; maintain thorough records to protect yourself.
Ready to take the next step?
For any specific questions regarding seller disclosure in Massachusetts and New Hampshire, consult with professionals who can provide guidance tailored to your situation.
