Massachusetts - sellers do not have to disclose? (contingent, disclosure, agent)

[JamesandSallie]

I was shocked when I asked my agent the other day for a copy of the seller's disclosure for a home we were viewing - she told me that in Mass the sellers do not have to provide a disclosure nor do they have to disclose problems with the home..............

Anyone familiar with this? Any suggestions?

[cohdane]

Not sure about that claim.

We sold in Boston last year and DEFINITELY had to fill out a disclosure form. When we bought the house, the previous owners had a disclosure form, too.

Last I checked, Boston was in Massachusetts.

EDIT: Just found this. Maybe my agent and the previous seller were doing overkill? Or just peace of mind for buyers?

Is a real estate seller obligated to disclose property defects to a buyer?

• (7/23/08) While a real estate broker has an affirmative obligation to disclose "known material defects" in a property under 254 CMR 3 (13) (c) (1) (http://tinyurl.com/yss7cq - broken link) and MGL c.112, s.87AAA3/4(c), a seller's only affirmative obligation is to disclose the presence of lead paint under c.111, s.197A. That does not mean that a seller can misrepresent facts to a buyer. If a buyer relies on a seller's misrepresentation of facts, even if the seller did not know his statement to be false, the seller may be liable to the buyer. See Zimmerman v. Kent, 31 Mass.App.Ct. 72 (1991). Failure to alert a buyer to conditions, however, is not misrepresentation. As the Appeals Court stated in Greenery Rehabilitation Group v. Antaramian, 36 Mass.App.Ct. 73 (1994), concealment in "the simple sense of failure to reveal, with nothing to show any peculiar duty to speak," is not the same as misrepresentation. Finally, c.93, s.114 specifically directs that neither seller nor broker has an obligation to tell a buyer about a "psychologically impacted" property.

http://www.lawlib.state.ma.us/clearpixel.gif (broken link)

[middle-aged mom]

I am always amazed to learn about the differences in real estate laws, across states.

I googled this and came up with what seems to be reasonable advise:

Massachusetts does not require seller property disclosure forms. Some, but not all, real estate companies use a voluntary form, which covers title, zoning, system utilities, building and structural information as well as water drainage problems. As a buyer, you should ask for the information at the appropriate time because every seller has the duty to respond fully and accurately to any request for information about a property.

See this link as it relates to seller's duties:
http://www.mass.gov/?pageID=ocaterminal&L=4&L0=Home&L1=Consumer&L2=Sho pping%2C+Retail+%26+E-Commerce&L3=Homebuying&sid=Eoca&b=terminalcontent& f=buying_selling_home&csid=Eoca (broken link)

[Silverfall]

Couldn't you write into the offer that the seller will fill out a disclosure form (I would pick one and have them use it so you don't argue over the form)? You know make your offer contingent on getting something from them?

[MikeJaquish]

So, Massachusetts is a caveat emptor state.

So is North Carolina.
A seller in North Carolina can use the NC Residential Property Disclosure form and select "No Representation" for all items. Legally. Whether they know of defects or not.
As in Massachusetts, North Carolina Sellers cannot lie about an issue, as in claiming there is no issue when there is a known issue.
But the general onus is on the Buyer to Beware, to investigate the property adequately to know what they are buying.