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In Massachusetts and New Hampshire agents can make available for Sellers, to fill
out, what is called a Seller's Statement of Property Condition (MA), or Property Disclosure (NH).
These forms, if filled out by the Seller, can be of great help to potential buyers in their
understanding of any property they are interested in purchasing.
In both instances the filling out of these disclosures is not mandatory.
However, should you elect to fill them out, the buyer, once they have acknowledged that they have
read the applicable disclosure, would be hard pressed to come back to you and stating they
never knew of a particular issue if the issue in question had been disclosed in your Disclosure
Statement, for example, water had penetrated the basement, if in fact this was disclosed
properly.
Lead paint is another form that is made available from Sellers to Buyers. This
particular form is mandatory for any property being sold and built before 1978. Briefly, any
property that was constructed prior to 1978 could possibly contain levels of lead paint that could
be potentially harmful to children 6 years of age and younger. Because ingestion of lead via paint,
or inhaling lead dust is a health concern, a Seller has to let the potential buyer know what they
do or do not know about lead paint being present in their house. The buyer always has the ability
to have a property tested for lead paint as part of their home inspection.
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