Seller Property Condition Disclosure Statement — Massachusetts Edition Template

Most states statutorily require sellers of residential real property to deliver a written property condition disclosure to buyers — and even in "caveat emptor" states, failure to disclose known material defects can support fraud and misrepresentation claims. This comprehensive Seller Property Condition Disclosure Statement gives sellers a structured, defensible way to disclose what they actually know, and gives agents a paper trail showing the disclosure obligation was taken seriously.

The 8-page template walks the seller through every major system and condition category: structural components (foundation, roof, walls), water intrusion and drainage history, plumbing, electrical, HVAC, well and septic systems, environmental conditions (asbestos, radon, mold, underground storage tanks), pest and wood-destroying-insect history, boundary and easement issues, HOA and assessment obligations, insurance claims history, and known material defects not otherwise covered. Each item uses the Yes / No / Unknown / Not Applicable convention used in most statutory disclosure regimes, with space for narrative explanation.

State disclosure laws vary enormously — New York's Property Condition Disclosure Act (RPL Art. 14, § 462) was amended in 2024 to eliminate the old $500 credit escape hatch and now requires actual delivery of the disclosure; California's Transfer Disclosure Statement (Cal. Civ. Code § 1102 et seq.) is mandatory and has its own prescribed format; other states have their own statutory forms. The included 50-state variation notes flag where a state-prescribed form is mandatory (in which case this template serves as a supplemental disclosure or preparation worksheet) versus where a general disclosure like this one satisfies the obligation. Template only — always confirm your state's current statutory form requirements.

About this Massachusetts Edition: the template and its drafting notes are adapted for Massachusetts practice under M.G.L. c. 112, §§ 87PP–87DDD½ and the Board of Registration of Real Estate Brokers and Salespersons regulations at 254 CMR, including the Mandatory Licensee-Consumer Relationship Disclosure under 254 CMR 3.00. Massachusetts permits dual agency and designated agency only with informed written consent, so the consent document in this edition offers both elections. Massachusetts is a caveat emptor state with no statutory seller property-condition form; this edition's Seller Property Condition Disclosure is therefore drafted as a voluntary disclosure that reduces M.G.L. c. 93A exposure and is designed to sit alongside the Commonwealth's Property Transfer Lead Paint Notification, Title 5 septic inspection report, and smoke/CO detector certificate. The Independent Contractor Agreement is built around M.G.L. c. 112, § 87RR, which expressly permits salesperson affiliation as an independent contractor notwithstanding the c. 149, § 148B ABC test. Electronic signatures are addressed under the Massachusetts Uniform Electronic Transactions Act, M.G.L. c. 110G. Not legal advice; have a Massachusetts-licensed attorney review before use.