Can buyer and sellers can waive the statutory disclosures?

Often, an attempted waiver of the TDS by the buyer or the seller, such as the use of an as is clause in the purchase agreement, makes an agent's standard due diligence and disclosures seem unnecessary. However, the buyer cannot waive the seller's delivery of the statutorily-mandated TDS.

Who drafts the P&S in MA?

The seller's agent or attorney will draft the Purchase and Sale Agreement (P&S). This is the more binding legal document that is the official contract to purchase the home.

Is a property condition statement required in Massachusetts?

In Massachusetts you are not legally obligated to fill out the Seller's Statement of Property Condition, but everyone should. The information you provide in the seller's statement gives buyers an understanding of your home, both the good and the bad, as well as the opportunity to investigate what concerns them.

Is Massachusetts a non disclosure state?

Massachusetts is one of few states that still follows a legal rule known as caveat emptor, or "buyer beware." This basically mean there is not a lot you are legally required to disclose to the buyer when selling your property.

What disclosures are required by the seller?

Here are eight common real estate seller disclosures to be aware of, whether you're on the buyer's side or the seller's side.Death in the Home.Neighborhood Nuisances.Hazards.Homeowners' Association Information.Repairs.Water Damage.Missing Items.Other Possible Disclosures.

Is Massachusetts a full disclosure state?

Massachusetts is one of few states that still follows a legal rule known as caveat emptor, or "buyer beware." This basically mean there is not a lot you are legally required to disclose to the buyer when selling your property.

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Purchase or Sale of Real Property - Land or Lot - Questionnaire

Massachusetts Purchase or Sale of Real Property - Land or Lot - Questionnaire

Name: Massachusetts Purchase or Sale of Real Property - Land or Lot - Questionnaire
Brand: US Legal Forms
Rating: 4.87 (302 reviews)

Category:

Real Estate - Purchase Agreements

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Multi-State

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US-Q1036

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This form addresses important considerations that may effect the legal rights and obligations of the parties in a lot or land sale matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.

This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.

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Often, an attempted waiver of the TDS by the buyer or the seller, such as the use of an as is clause in the purchase agreement, makes an agent's standard due diligence and disclosures seem unnecessary. However, the buyer cannot waive the seller's delivery of the statutorily-mandated TDS.

The seller's agent or attorney will draft the Purchase and Sale Agreement (P&S). This is the more binding legal document that is the official contract to purchase the home.

In Massachusetts you are not legally obligated to fill out the Seller's Statement of Property Condition, but everyone should. The information you provide in the seller's statement gives buyers an understanding of your home, both the good and the bad, as well as the opportunity to investigate what concerns them.

Massachusetts is one of few states that still follows a legal rule known as caveat emptor, or "buyer beware." This basically mean there is not a lot you are legally required to disclose to the buyer when selling your property.

Massachusetts law requires only that home sellers disclose the existence of lead paint (see the Massachusetts Lead Paint Statute) and the presence of a septic system (see Title 5 of the Massachusetts Environmental Code).

In general, a disclosure document is supposed to provide details about a property's condition that might negatively affect its value. Sellers who willfully conceal information can be sued and potentially convicted of a crime. Selling a property "As Is" will usually not exempt a seller from disclosures.

By contrast, Massachusetts does not require sellers to provide a disclosure form or statement to potential buyers. If you work with a real estate broker or agent, he or she may ask you to complete a statement that will include a provision that indemnifies the broker or agent for any misstatements or errors on the form.

Here are eight common real estate seller disclosures to be aware of, whether you're on the buyer's side or the seller's side.Death in the Home.Neighborhood Nuisances.Hazards.Homeowners' Association Information.Repairs.Water Damage.Missing Items.Other Possible Disclosures.

Massachusetts is a caveat emptor state or a buyer beware state. Buyers have to ask the right questions and inspect the property they want to purchase. Legally, sellers in Massachusetts don't have much information to reveal to sellers. However, two things do need to get disclosed.

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Massachusetts Purchase or Sale of Real Property - Land or Lot - Questionnaire

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FAQ

Can buyer and sellers can waive the statutory disclosures?

Who drafts the P&S in MA?

Is a property condition statement required in Massachusetts?

Is Massachusetts a non disclosure state?

What do you have to disclose when selling a house in Massachusetts?

What does a house seller have to disclose?

Is seller disclosure mandatory in MA?

What disclosures are required by the seller?

Is Massachusetts a full disclosure state?

Is Massachusetts a buyer beware state?

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Massachusetts Purchase or Sale of Real Property - Land or Lot - Questionnaire

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