Selling your home without an agent inRoslindale, Massachusetts

760 CMR 74.00; Mass.gov Required Disclosure § 4

For a covered Massachusetts residential sale, the seller or agent must give a separate written disclosure of the buyer’s home-inspection right before or when the first purchase contract is signed.

760 CMR 74.03(3)

By the first written purchase contract, the seller’s agent—or an unrepresented seller—must provide the separate inspection-right disclosure for seller and prospective-purchaser signatures.

Mass.gov Seller Agency > private residential sellers

Massachusetts official guidance does not impose a universal affirmative condition-disclosure requirement on an isolated residential seller outside the home-selling business, apart from lead and other separately triggered duties.

42 U.S.C. § 4851b(27)

Federal lead-disclosure law generally defines target housing as housing constructed before 1978, subject to the statutory elderly, disability, zero-bedroom, child-occupancy, and jurisdiction-specific exceptions.

42 U.S.C. § 4852d(a)(1)(B)

Before a purchaser or lessee is contractually obligated for target housing, the seller or lessor must disclose known lead-based paint or hazards and provide available lead-hazard evaluation reports.

42 U.S.C. § 4852d(a)(1)(C)

For a target-housing sale, the seller must permit the purchaser a 10-day lead risk-assessment or inspection period unless the parties mutually agree to a different period.

Massachusetts Lead Law — property transfer notice

When a Massachusetts house built before 1978 is sold, the seller and participating real estate agent must notify the buyer of lead risks.

310 CMR 15.301; MassDEP transfer guide

Subject to Title 5 exceptions and special schedules, a Massachusetts septic system must generally be inspected within two years before sale; if weather prevents inspection, it must occur within six months afterward.

310 CMR 15.301(1)

If weather prevents inspection at transfer, inspection is due as soon as possible and within six months, with written buyer notice and the complete report.

310 CMR 15.301(1)

Unless an exception or special rule applies, a Title 5 system must be inspected at transfer or within the prior two years.

310 CMR 15.301(1)

An inspection up to three years old may qualify with records proving annual pumping during that period.

310 CMR 15.301(10)

A required inspection must be submitted on the current approved form to the approving authority within 30 days of field inspection by an approved inspector.

310 CMR 15.301(2)

Specified security-interest, refinancing, same-owner form, spouse, and fiduciary changes are not Title 5 transfers for § 15.301(1).

310 CMR 15.301(4)(a)

Inspection at transfer is not required when a qualifying new-system compliance certificate was issued within three years and third-year pumping records satisfy the rule.

310 CMR 15.301(4)(b)

Inspection at transfer is not required when the owner or buyer has the qualifying enforceable two-year upgrade or sewer/shared-system agreement that is disclosed and binding on successors.

310 CMR 15.301(4)(c)

Inspection at transfer is not required when the facility is under a Department-approved comprehensive local inspection plan and the system met the plan’s most recent inspection date.

310 CMR 15.301(4)(d)1-3

Inspection at transfer is not required for listed transfers between current spouses, parents and children, or full siblings.

760 CMR 74.00; Mass.gov Required Disclosure § 4

In a covered Massachusetts sale, the signed disclosure preserves a reasonable opportunity for the buyer to obtain and review a licensed home inspection and withdraw based on the results.

760 CMR 74.03(1)

A covered Massachusetts seller or agent may not condition offer acceptance or the sale agreement on the buyer waiving or restricting a home inspection.

760 CMR 74.03(2)

A covered seller or agent may not accept an offer or related contract document that requires the purchaser to waive or restrict a home inspection.

760 CMR 74.03(5)

After compliant offer acceptance and disclosure, a buyer may later waive or restrict an inspection only if the seller or seller’s agent did not influence or require that choice.

760 CMR 74.04(1)

760 CMR 74.03 does not apply when the purchaser is the seller’s relative or a former spouse in the qualifying court-ordered sale.

760 CMR 74.04(2)(a)-(e)

760 CMR 74.03 does not apply to the listed pre-effective-date, foreclosure, deed-in-lieu, debt-release, and qualifying relative estate-planning transfers.

760 CMR 74.04(2)(f)

The new-construction exemption requires the first written contract before substantial completion and the seller’s qualifying written warranty for at least one year.

760 CMR 74.05(1)(a)

The regulation’s Chapter 93A provision does not itself impose liability on a homeowner or purchaser in an isolated private-home sale outside a business context.

760 CMR 74.05(3)

In a damages action filed within one year of the first written contract, failure to provide the § 74.03(3) disclosure may evidence intent to misrepresent or conceal a material fact.

M.G.L. c.148 § 26F

On sale or transfer, a covered residential building must be equipped by the seller with approved smoke detectors under § 26E.

M.G.L. c.148 § 26F

The local fire-department head enforces the § 26F smoke-detector transfer requirement.

M.G.L. c.148 § 26F1/2(c)

On sale or transfer, a residential dwelling, building, or structure must be inspected by the fire-department head for carbon-monoxide compliance.

Mass.gov sale or transfer certificate guidance

For a covered Massachusetts home sale or transfer, the seller needs a local-fire-department certificate showing that smoke and carbon-monoxide alarms meet applicable requirements.