You are selling your house and you wonder “What am I required to disclose to a potential Buyer about the condition of my home?”

Knowing how and whether to respond can be confusing when a Buyer asks many questions. Massachusetts law imposes a duty of honesty on a seller; so, if a buyer asks you a specific question, you must answer honestly if you choose to answer. And while Sellers generally have no obligation to affirmatively disclose defective conditions in their home unless asked, they are obligated to disclose whether a home has a septic system and what they know about whether it has lead paint.

So, if you are a Buyer, the best way to protect yourself when buying a house is to ask many questions early on. If you are a Seller and you do not know the answer to a question, you can say so. It is never a good idea to guess and you should only answer if you know and you should avoid saying “I don’t think so.”

Having a lawyer early on if you are a Buyer or a Seller can help you determine what your legal obligations are to the other party. Contact RFC today if you need assistance with landlord/tenant matters.