One of the golden rules in real estate is simple: when in doubt, disclose. Whether you’re a seller preparing to put your home on the market or a real estate agent representing a client, disclosure is critical for building trust, avoiding lawsuits, and ensuring a smoother transaction.

In Massachusetts and across the U.S., real estate disclosure laws are designed to protect both buyers and sellers. While not every state requires the same level of detail, the principle remains the same — it’s better to share too much than to hide something that could come back to haunt you later.

What Does Disclosure in Real Estate Mean?

Disclosure refers to a seller’s duty to inform potential buyers about known issues with a property. These can include structural problems, environmental hazards, or even neighborhood concerns. Disclosures help buyers make informed decisions and prevent disputes after closing.

Why “When in Doubt, Disclose” Matters

1. Legal Protection

Failing to disclose material defects can lead to lawsuits, fines, or forced repairs. Courts often rule in favor of buyers if sellers withhold information that could affect property value or safety.

2. Builds Buyer Trust

Honesty goes a long way in real estate. When sellers are upfront, buyers feel more confident and are less likely to back out of the deal.

3. Prevents Future Headaches

Non-disclosure issues often resurface after closing. A leaky roof, foundation cracks, or pest infestations that were hidden can turn into expensive legal battles. Disclosing upfront avoids these conflicts.

Common Disclosures in Massachusetts Real Estate

While Massachusetts is considered a “buyer beware” state, meaning buyers must do their own inspections, sellers are still expected to disclose known issues. Some common disclosures include:

• Water damage or flooding history

• Roof or structural defects

• Pest infestations (termites, rodents, etc.)

• Septic system or well water concerns

• Lead paint (federally required for homes built before 1978)

• Presence of hazardous materials such as asbestos or radon

What If You’re Unsure?

This is where the golden rule comes into play: if you’re not sure whether something should be disclosed, disclose it anyway. Even seemingly minor issues, like a past plumbing leak or a neighbor’s boundary dispute, may matter to buyers.

Tips for Sellers

• Be Honest and Detailed: Provide as much information as you can, even if you think it might scare buyers off. Serious buyers appreciate transparency.

• Use a Seller’s Disclosure Form: Even in states where it’s not mandatory, filling out a disclosure form shows good faith.

• Work With a Real Estate Agent: An experienced agent can guide you on what must be disclosed under Massachusetts law and what’s best practice.

• Get a Pre-Listing Inspection: This can uncover hidden issues you may not know about, allowing you to fix them or disclose them before listing.

In real estate, the phrase “when in doubt, disclose” can save you time, money, and stress. Buyers deserve to know what they’re walking into, and sellers benefit from avoiding future disputes. A transparent transaction builds trust, speeds up the process, and minimizes legal risks.

When selling your Massachusetts home, honesty isn’t just the best policy — it’s the safest.

Matt Witte strives to be the best realtor in Andover, MA.

Any questions about real estate, reach out to Matt Witte, Andover Realtor, MA