State guide

Buying or Selling a Home in Massachusetts: What You Need to Know

Massachusetts is an attorney state, so a licensed lawyer must run every home closing and check the title.

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TL;DR

Massachusetts is an attorney state, so a licensed lawyer must run every home closing and check the title. The state uses a two-step contract process (an Offer to Purchase followed by a Purchase and Sale Agreement), and it skips the standardized seller disclosure form that most big states require. Strong consumer laws on fair housing, lead paint, septic systems, and smoke alarms add steps that out-of-state buyers and sellers often don't expect.

10 things every Massachusetts buyer or seller should know

  • Massachusetts is an attorney state, which means a licensed Massachusetts lawyer must run your home closing and examine the title — you cannot use a non-attorney title company employee like some other states allow. The lender's attorney handles the paperwork by default, and many buyers and sellers hire their own lawyer too.

  • Massachusetts uses a two-contract process: buyers and sellers first sign an Offer to Purchase, then sign a longer Purchase and Sale Agreement (P&S) about two to three weeks later. The Offer is not a casual placeholder — once both sides sign, it is a legally binding contract under the state's Statute of Frauds.

  • Massachusetts is unusual because it does NOT require sellers to fill out a standardized residential property disclosure form. Sellers and their agents still cannot actively hide or lie about a known defect (that violates the state's consumer-protection law, Chapter 93A), but buyers should plan on a thorough home inspection because little is volunteered upfront.

  • Before transferring a home in Massachusetts, the seller must get a Certificate of Compliance from the local fire department showing that the property's smoke alarms and carbon monoxide alarms meet state code. Most closings will be paused or cancelled if this certificate is not in hand on the day of recording.

  • If a Massachusetts home uses a private septic system instead of public sewer, state Title 5 rules require a licensed inspector to test the system before transfer of title. A passing inspection is valid for two years, and a failed system usually has to be repaired or escrowed for repair before the sale can close.

  • Massachusetts charges a 'deeds excise' transfer tax of $4.56 per $1,000 of the sale price (roughly 0.456%), paid by the seller at closing. On a $600,000 home that's about $2,736; Barnstable County (Cape Cod) charges a higher rate, and Martha's Vineyard and Nantucket add a 2% buyer-paid land-bank fee on top.

  • Massachusetts fair-housing law protects more groups than federal law does. On top of race, color, religion, sex, national origin, family status, and disability, the state bans housing discrimination based on source of income (such as Section 8 vouchers), sexual orientation, gender identity, age, marital status, and veteran or military status.

  • Since August 17, 2024, NAR settlement rules require buyers in Massachusetts to sign a written buyer-agent representation agreement before touring any home listed on an MLS. The agreement must spell out exactly how the buyer's agent gets paid — as a flat fee, a percentage of the price, or a formula.

  • At the first real meeting to discuss a specific property, a Massachusetts real estate agent is required to hand you a state form called the Notice of Licensee–Consumer Relationship. You and the agent both sign it to confirm whether the agent is working as a seller's agent, buyer's agent, dual agent, designated agent, or facilitator — and you get to keep the original.

  • Massachusetts has one of the strictest lead-paint laws in the country. In any home built before 1978 where a child under six will live, the property must be 'deleaded' to state standards — and sellers, landlords, and their agents cannot legally refuse to rent or sell to families with young children to avoid the deleading work.

The guides

Common questions

Do I need to hire a lawyer to close on a home in Massachusetts?
Yes. Massachusetts requires a licensed Massachusetts attorney to conduct the closing and render a title opinion — non-attorney title-company closings are treated as the unauthorized practice of law. The lender almost always uses its own closing attorney, and many buyers and sellers also hire their own lawyer to look out for their interests for an extra few hundred to a couple thousand dollars.
Once I sign an Offer to Purchase, can I still back out?
Treat a Massachusetts Offer to Purchase like a real contract, because it is one — once both sides sign, it is binding under the state's Statute of Frauds. You can only walk away cleanly if a contingency you wrote into the offer (typically the inspection contingency or the mortgage contingency) lets you out by its deadline. Just changing your mind is not a protected reason and can cost you your deposit.
Does the seller have to fill out a property disclosure form in Massachusetts?
No. Massachusetts is one of the only large states with no required residential seller property disclosure form, so the deal runs largely on a 'buyer beware' basis. Sellers and their agents still cannot actively lie about or hide a known material defect — doing so is a violation of consumer-protection law Chapter 93A and agent regulation 254 CMR 3.00 — but you should plan on a thorough home inspection because little is volunteered upfront.
How much is the Massachusetts transfer tax when I sell my home, and who pays it?
Massachusetts charges a 'deeds excise' tax of $4.56 per $1,000 of the sale price, paid by the seller at the closing before the deed can be recorded. On a $500,000 sale that's roughly $2,280, and on a $1 million sale it's about $4,560. Barnstable County (Cape Cod) charges a higher rate, so factor that into your net-proceeds estimate if you're selling on the Cape.
Do I need a smoke detector certificate before selling my house in Massachusetts?
Yes. Massachusetts law requires sellers to schedule an inspection with the local fire department and obtain a Certificate of Compliance for both smoke alarms and carbon monoxide alarms before the deed can transfer. Without that certificate the buyer's attorney and lender will almost always refuse to close, so schedule the fire-department visit a few weeks before your target closing date.
Do I have to sign a buyer-agent agreement before an agent can show me homes?
Yes, in almost every case. Since the NAR settlement took effect on August 17, 2024, buyer agents in Massachusetts must have a signed written representation agreement with you before touring any home listed on an MLS. The agreement has to clearly say how the agent will be paid — by you, by the seller, or some mix — and the agent cannot collect more than what the agreement says.
Can a landlord or seller refuse me because I'm using a Section 8 voucher?
No. Massachusetts is one of the states that explicitly bans 'source of income' discrimination in housing under Chapter 151B. A seller, landlord, or real estate agent cannot refuse to rent or sell to you because your money comes from a Section 8 voucher, Social Security, disability, or other lawful source. Violations can be reported to the Massachusetts Commission Against Discrimination (MCAD).
My house has a septic system instead of town sewer — what do I have to do to sell?
Massachusetts Title 5 requires a licensed Title 5 inspector to test the septic system before title transfers, and the report must be filed with the local board of health. A passing inspection is valid for two years, so if you've been inspected recently you may already be covered. If the system fails, you'll typically have to repair or replace it before closing, or negotiate an escrow so the work is done shortly after.

Glossary

2 terms
NAR — National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.