Selling in Waltham: What You Must Disclose (And What You Can Keep to Yourself)

Disclaimer: I am a real estate professional, not an attorney. The laws regarding disclosures in Massachusetts can be complex and subject to change. The information below is for educational purposes. For specific legal advice regarding your property, please consult with a qualified Massachusetts real estate attorney.

If you are preparing to list your home, you’ve probably heard conflicting advice about what you need to tell buyers. Some people will tell you to list every squeaky floorboard to avoid a lawsuit, while others will quote the old adage "Caveat Emptor" and tell you to keep your mouth shut.

The truth about selling a home in Waltham lies somewhere in the middle, especially as we settle into the 2026 market.

Waltham has a unique mix of housing—from the gorgeous historic Victorians near the Common to the sturdy post-war Capes in Warrendale. Because so much of our inventory is older, the disclosure conversation is critical. Here is a breakdown of what you legally must say, what you should say, and how to navigate the paperwork without opening yourself up to liability.

Massachusetts is technically a "Caveat Emptor" or "Buyer Beware" state. In plain English, this means that as a private seller, you generally do not have a legal obligation to volunteer information about every single defect in your home. If the roof leaked five years ago and you fixed it, you aren't necessarily required by law to hand the buyer a list of those repairs unprompted.

However, there is a massive difference between staying silent and lying. If a buyer asks you a direct question—for example, "Has the basement ever flooded?"—and you say "No" when you know it floods every spring, that is fraud.

This dynamic has shifted slightly with the market changes we've seen in the last year. While you might legally get away with saying very little, the strategy of "hide it and hope they don't find it" is becoming dangerous. With buyers being more diligent and legal protections for consumers expanding, honesty is often your best insurance policy against a lawsuit down the road.

While Massachusetts gives sellers some leeway on general condition issues, there are specific federal and state mandates where you have zero wiggle room. If you miss these, you aren't just risking the deal; you are risking heavy penalties.

Lead Paint is the big one. Because a huge portion of Waltham’s housing stock was built before 1978, federal and state law requires you to provide a Lead Paint Transfer Notification Certification. You don’t necessarily have to remove the lead paint, but you must disclose any knowledge of it and provide the buyer with all available reports. If you fail to do this, you could be on the hook for triple damages under the law.

Septic Systems (Title 5) typically apply to fewer homes here since most of Waltham is on public sewer, but if you are in a neighborhood that still uses private septic, this is mandatory. You must have a passing Title 5 inspection within two years of the sale (or three years if you have records of annual pumping). You cannot close without this paper trail.

Smoke & Carbon Monoxide Detectors are another hurdle. This isn't exactly a "disclosure," but you cannot sell your house without a certificate from the Waltham Fire Department. The inspection must happen before closing, ensuring your detectors meet the current code.

Finally, you must disclose Known Environmental Hazards. If you have a test result in your hand that says the house has high Radon levels, you cannot bury that report. Once you have that knowledge, it becomes a material fact that must be shared.

Here is where things often get confusing for sellers. You might think, "I don't have to disclose that water stain, so my agent shouldn't either."

Unfortunately, that is not how it works. While you are a private citizen, your real estate agent is a business professional licensed by the state. They are bound by Chapter 93A (The Consumer Protection Act).

This law holds agents to a stricter standard than sellers. If your agent sees a known material defect—like visible knob-and-tube wiring or evidence of active leaks—they are legally required to disclose it to potential buyers, even if you explicitly tell them not to.

If you try to hide something that your agent knows about, you are putting them in an impossible position. They cannot lie for you without risking their license and a lawsuit. It is always better to be on the same page: if a defect is obvious, disclose it upfront so the buyer can price it into their offer.

The landscape of selling changed significantly in October 2025. You may remember the chaotic bidding wars of a few years ago where sellers would only accept offers if the buyer waived the home inspection.

Those days are legally over. The new Right to Inspect Law prohibits sellers from conditioning the acceptance of an offer on the buyer waiving their inspection rights.

What does this mean for you right now? It means buyers are almost certainly going to inspect your home. Since they are going to find the issues anyway, the strategy of "wait and see" is now much riskier. If a buyer discovers a major issue during the inspection that wasn't disclosed, they will likely try to renegotiate the price or walk away entirely. Pre-disclosing known issues keeps the deal together because the buyer knows what they are getting into from day one.

Waltham has beautiful, character-rich neighborhoods, but our older housing stock comes with common "red flags." Addressing these early can save a deal from falling apart.

Knob and Tube Wiring is very common in our homes built between 1900 and 1940. Many insurance companies will not write a new policy on a home with active knob and tube. If you know you have it, it is usually better to disclose it or offer a credit, rather than letting the buyer’s inspector find it two weeks before closing.

Radon is a naturally occurring gas that is prevalent in New England basements. It’s invisible and odorless. If you have tested for it and the levels are above 4.0 pCi/L, you need to share that.

Asbestos is frequently found in older heating systems, specifically as insulation wrapped around pipes in the basement. It’s generally safe if undisturbed, but buyers get nervous about it.

Water and Flooding is a specific concern for certain parts of Waltham, especially low-lying areas or neighborhoods near the Charles River. If you claim the basement is "dry" but there are water lines on the foundation walls, you are asking for trouble.

Your agent will likely present you with a form called the "Seller's Statement of Property Condition." This is a comprehensive checklist asking about the roof, HVAC, electrical, and more.

There are pros and cons to filling this out. On the plus side, it builds trust. Buyers feel more comfortable making an offer on a home when the seller seems transparent. It also reduces "fishing expeditions" where inspectors look for problems to leverage a price reduction.

However, the con is that it creates a permanent written record. If you check "No issues" on the roof, and the buyer moves in and finds a leak the next week, they can point to that form as evidence of misrepresentation.

My advice? Use the form, but be honest about what you don't know. If you aren't 100% sure about the age of the furnace, check "Unknown." There is no penalty for not knowing, but there is a severe penalty for guessing wrong.

We get asked this more often than you’d think: "Do I have to tell them the house is haunted?" or "Someone died here twenty years ago, do I have to say that?"

In Massachusetts, you are generally protected regarding "psychologically impacted" properties. You do not have to voluntarily disclose if the property was the site of a felony, a suicide, a homicide, or alleged paranormal activity.

There is a catch, though. If a buyer asks you directly—"Has anyone died in this house?"—you have two choices: answer truthfully or decline to answer. You cannot lie.

The one exception where you must remain silent is regarding HIV/AIDS status. Real estate laws classify this as a handicap, meaning the HIV status of a previous occupant is a protected class. You should never disclose this information.

No, disclosing a defect does not obligate you to repair it. You are simply informing the buyer of the condition so they can make an educated offer. In fact, many sellers prefer to disclose the issue and price the home accordingly rather than managing contractors before the move.

Liability in Massachusetts generally hinges on what you knew. If a pipe bursts inside a wall three days after closing and you genuinely had no idea it was corroded, you are typically not liable for that hidden (latent) defect. Fraud usually requires proof that you knew about the issue and intentionally concealed it.

Yes, you can list a home "as-is," but that phrase mostly protects you from making repairs, not from legal disclosures. "As-is" does not exempt you from federal Lead Paint laws, Title 5 inspection requirements, or the duty to answer direct questions truthfully.

Waltham largely follows state regulations, so there are few "city-specific" disclosure forms beyond standard permitting. However, strict adherence to fire safety codes for the Smoke/CO certificate is enforced locally by the Waltham Fire Department, and they can be quite particular about detector placement.