Mandatory Disclosure

### Section: Mandatory Disclosure Requirements Estimated study time: 45 minutes Content: Massachusetts real estate law requires several mandatory disclosures from sellers, brokers, and licensees. The most important is the Mandatory Licensee-Consumer Relationship Disclosure (agency disclosure form) discussed in the Agency Relationships section. Beyond agency disclosure, sellers of residential property must disclose known material defects that affect the property's value or desirability. Massachusetts follows a "buyer beware" (caveat emptor) standard for latent (hidden) defects that the seller does not know about, but the seller and listing agent must disclose known material facts. A material fact is anything a reasonable buyer would consider significant in deciding whether to purchase and at what price. The Board may discipline a licensee for "substantial misrepresentations in performing licensed duties" or for commingling client funds — both of which encompass deliberate non-disclosure (M.G.L. c.112 §87AAA, verified 2026-06-29). Lead paint disclosure is a critical federal and Massachusetts requirement. Under the federal Residential Lead-Based Paint Hazard Reduction Act (1992), sellers of homes built before 1978 must: (1) disclose known lead paint presence; (2) provide the buyer with the EPA pamphlet "Protect Your Family from Lead in Your Home"; (3) allow the buyer a 10-day inspection opportunity (waivable by the buyer in writing); and (4) attach a federally required disclosure form to all purchase contracts. Massachusetts goes further: Chapter 111, Section 197 prohibits children under age six from residing in rental properties with accessible lead paint surfaces — landlords…