Silence vs. Lies: Your Complete Guide to Massachusetts Caveat Emptor and When Sellers Must Disclose

Massachusetts follows caveat emptor: sellers can remain silent about defects, but they cannot lie, mislead, or create half-truths. Real estate agents have higher legal duties under Chapter 93A and must disclose known material defects even if the seller says 'don't tell.' Buyers must conduct comprehensive inspections, ask direct questions, and document all answers in writing. The inspection contingency is your only legal protection before closing—waiving it dramatically increases risk.

All Massachusetts homebuyers, first-time buyers, anyone considering waiving inspection contingencies, buyers evaluating properties with known issues, anyone confused about seller disclosure requirements.

• •Massachusetts does not require comprehensive seller disclosure forms like many other states
• •Sellers can remain silent about defects (Swinton v. Whitinsville, 1942) but cannot lie or mislead
• •Real estate agents must disclose known material defects under Chapter 93A, even if seller objects
• •Only two disclosures are legally mandatory: Lead Paint (pre-1978 homes) and Septic Systems (Title 5)
• •Inspection contingency is the only legal mechanism protecting buyers from hidden defects before closing
• •Half-truths are illegal: if seller speaks about a feature, they must tell the whole truth (Kannavos v. Annino, 1969)
• •Post-closing legal claims have strict time limits: fraud (3 years), breach of contract (6 years), Chapter 93A (4 years)