Seller Disclosure: What You Must Share — and Why It Matters
A Practical Guide to Being Transparent While Protecting Your Interests
When it comes to selling your home, honesty really is the best policy. Seller disclosures are a legal — and ethical — part of the transaction process, designed to keep everyone informed and protect both parties from costly surprises.
But don’t worry — disclosing doesn’t mean putting a spotlight on every scuff or creak. It means giving buyers the facts they need to make a confident offer, while protecting yourself from future liability.
Here’s what you need to know about what you’re required to disclose, how to do it the right way, and why it’s in your best interest:
1. What Is a Seller Disclosure?
A seller disclosure is a document (or set of documents) in which you reveal any known issues with the property. It’s not a guarantee that the house is perfect — it’s your opportunity to be upfront about things that could affect its value, safety, or usability.
Example:
Let’s say your basement flooded three years ago during a major storm. Even if you fixed the issue and haven’t had a problem since, that’s something you’re required to disclose.
2. What Do You Have to Disclose in Massachusetts?
Massachusetts is a “buyer beware” state — meaning sellers aren’t obligated to volunteer information, but you mustanswer any questions from the buyer honestly and completely. However, if you're working with a real estate agent, they are legally required to disclose any known material defects — and it’s often in your best interest to be proactive.
Common items to disclose include:
- Water damage or leaks (past or present)
- Roof or structural issues
- Termite damage or pest infestations
- Lead paint (for homes built before 1978)
- Septic or sewer problems
- Electrical or plumbing issues
- Any legal disputes or property boundary issues
Example:
If the roof was replaced 10 years ago but had a leak fixed last year, that should be noted — even if it's currently in good condition.
3. What Happens If You Don’t Disclose Something?
Failing to disclose known issues can come back to haunt you — even after the sale closes. If the buyer later discovers a serious problem you knew about, they may have legal grounds to sue for damages or reverse the sale.
Example:
A seller didn’t disclose that the back deck had structural concerns. Months later, the buyer discovered severe rot and had to rebuild it entirely — at which point they took legal action.
4. Can Disclosures Actually Help You Sell?
Yes! Believe it or not, full transparency builds trust with buyers. It shows that you’ve maintained the home responsibly and have nothing to hide. A buyer is far more likely to move forward — and stay committed — when they feel confident you’ve told the whole story.
Example:
One seller disclosed previous foundation work, complete with receipts and inspection reports. The buyer appreciated the honesty and moved forward without hesitation.
5. How to Protect Yourself While Disclosing
Being transparent doesn’t mean overexplaining or speculating. Stick to the facts, share documentation when available, and don’t guess or assume. If you’re unsure whether something qualifies — ask us.
What we do:
We help you complete the disclosure forms correctly, suggest what to document, and review your answers to ensure you’re protected without oversharing irrelevant details.
Why Sellers Choose to Work With Us
Disclosures may feel intimidating, but with us in your corner, they don’t have to be. Here’s how we make the process easier — and safer:
- We help you stay compliant without stress. You’ll know exactly what needs to be shared and how to do it responsibly.
- We present disclosures in a positive, proactive light. We frame them as part of your transparency and homeownership story, not a list of red flags.
- We protect your legal interests. We work closely with trusted attorneys and can connect you with professionals if anything requires extra attention.
- We help prevent deal-killing surprises. By addressing potential concerns upfront, we build buyer trust and keep your transaction moving forward.
Selling Smart Starts with the Right Advice
You don’t need to know every rule — that’s our job. If you're thinking of selling, let’s talk about how we can prepare your home and disclosures so you can move forward with confidence.
