Selling a house as is in Massachusetts: what disclosure law really requires

Published September 10, 2026 · Written by Sell My Mass House · Every statute and regulation cited is linked in the Sources section below.

In this guide

1. What as is actually means in Massachusetts
2. Rule 1: lead paint notification for houses built before 1978
3. Rule 2: Title 5 if the house has a septic system
4. Rule 3: smoke and carbon monoxide alarms
5. What the law does not require you to disclose
6. The rules are stricter for licensed agents
7. What an as is buyer will still inspect
8. A practical checklist for an as is seller
9. Frequently asked questions
10. Sources

What as is actually means in Massachusetts

As is is a contract term, not a legal category. It means the buyer agrees to accept the property in its present condition and the seller does not promise to fix anything. It is written into the purchase and sale agreement, and it shifts the risk of unknown defects to the buyer. It does not let a seller lie. If a buyer asks a direct question, the answer has to be truthful, and a seller who actively conceals a problem can still be sued for misrepresentation. As is protects you from the furnace that fails a year after closing. It does not protect you from the wet basement you painted over the week before the showing.

The reason as is carries so much weight here is that Massachusetts, unlike many states, has no statute requiring a seller to fill out a property condition disclosure form. There is no state form and no legal duty for a private seller to volunteer a list of known defects. What the law does instead is regulate three specific hazards and regulate the people who sell houses for a living.

Rule 1: lead paint notification for houses built before 1978

Massachusetts General Laws chapter 111, section 197A is the Property Transfer Lead Paint Notification law. If the house was built before 1978, the seller must give the buyer the state's lead paint notification form and any lead inspection or risk assessment reports the seller has. The buyer then has a period of at least ten days to have the house inspected for lead at their own expense before signing a purchase and sale agreement, unless they waive that right in writing.

The reason this matters is chapter 111, section 197, the Massachusetts Lead Law. It requires the owner of a home built before 1978 to delead or bring the property into interim control if a child under six lives there. That duty transfers to the buyer, so an informed buyer will price the risk into an older house. Selling as is does not remove the notification duty. It only means you will not pay to delead before closing.

Federal law adds a layer. Under 42 U.S.C. section 4852d, sellers of housing built before 1978 must give buyers the federal lead hazard pamphlet, disclose known lead paint and any records, and include a lead warning statement in the contract. Your closing attorney or agent will have the forms. The Massachusetts Childhood Lead Poisoning Prevention Program publishes the state notification form.

Rule 2: Title 5 if the house has a septic system

If the house is not connected to municipal sewer, the state environmental code known as Title 5, found at 310 CMR 15.00, applies at the sale. Under 310 CMR 15.301, the septic system must be inspected by a licensed Title 5 inspector within two years before the transfer of title. That window stretches to three years if the system was pumped every year and you have the records. The inspection report goes to the buyer and to the local board of health.

A few points sellers get wrong:

• As is does not waive Title 5. The inspection is a state requirement, not a contract term. A buyer and seller cannot agree to skip it. The regulation does allow the inspection to be completed within six months after the transfer when weather makes it impossible beforehand, with written notice to the buyer.
• A failed system does not stop the sale. It must be upgraded or repaired, and the regulation at 310 CMR 15.305 sets a timeline for that after a failure is found. Who pays is negotiable. Many as is sales to cash buyers are structured so the buyer takes on the failed system and the price reflects it.
• Some transfers are exempt. The regulation lists transfers that do not trigger an inspection, such as certain transfers between spouses or into a trust. Check the exemption list with the board of health before assuming one applies.

Rule 3: smoke and carbon monoxide alarms

Massachusetts General Laws chapter 148, section 26F requires that when a residence is sold or transferred, it be equipped with working smoke detectors that meet the requirements for that type of building, inspected and certified by the local fire department. Section 26F½ does the same for carbon monoxide alarms. The closing attorney will ask for the fire department certificate. Alarms are one of the few things an as is seller usually handles, because the cost is small and the certificate is required for the closing to happen at all. Where a house is so damaged that alarms cannot be installed, the fire department and the attorneys work out a written arrangement with the buyer.

What the law does not require you to disclose

This is where Massachusetts differs from the disclosure states. There is no statute requiring a private seller to disclose a leaking roof, a cracked foundation, an old oil tank, or a history of basement water. Massachusetts General Laws chapter 93, section 114 goes further and says a seller and agent have no duty to disclose that a property was the site of a felony, suicide, or homicide, or that it is alleged to be psychologically impacted, though they must answer truthfully if asked directly about it.

The duty of honesty still applies. In practice that means:

• Do not make false statements, in writing or in conversation, about the condition of the house.
• Do not cover up a defect to keep a buyer from finding it.
• Answer direct questions truthfully, or decline to answer, but do not mislead.

The rules are stricter for licensed agents

If you list with an agent, more is required. The regulations of the Board of Registration of Real Estate Brokers and Salespersons at 254 CMR 3.00 require a licensee to disclose to a prospective buyer any fact the licensee knows that may materially affect the value of the property. The agent's knowledge, not yours, triggers that duty, and the agent can lose a license for ignoring it. That is one reason agents ask sellers to complete a voluntary property condition statement. The Massachusetts Association of Realtors publishes a seller's statement of property condition form for that purpose. It is optional, but once you fill it out, everything on it must be true.

Selling directly to a buyer with no agent in the middle takes the 254 CMR duty out of the transaction, though not the duty of honesty.

What an as is buyer will still inspect

As is does not mean uninspected. Buyers of as is houses in Massachusetts typically hire a licensed home inspector, who is regulated under Massachusetts General Laws chapter 112, sections 221 through 226, and then either proceed, renegotiate, or walk. A cash buyer who buys houses for a living usually does one walkthrough and prices the repairs into the offer, which is why those sales rarely fall apart at the inspection stage. Either way, expect someone to look at the roof, the electrical panel, the heating system, and the basement.

A practical checklist for an as is seller

1. Confirm the year the house was built. Before 1978 means the lead notification applies.
2. Confirm sewer or septic. Septic means Title 5, so book the inspector early because the report has to be in hand before closing.
3. Book the fire department alarm inspection once you have a closing date.
4. Gather what you have: past inspection reports, permits, oil tank records, water test results. Handing them over protects you.
5. Have the as is clause written by a Massachusetts real estate attorney, and make sure the purchase agreement says who pays for a failed Title 5 and for any deleading.
6. Answer questions honestly, and do not paint over problems.

Done that way, an as is sale in Massachusetts is straightforward. You are not required to fix the house, you are not required to fill out a disclosure form, and you are required to be honest and to handle lead, septic, and alarms according to state rules.

Frequently asked questions

Read how we buy houses as is in Massachusetts.