Legal Question in Real Estate Law in Massachusetts

I bought a property that I soon discovered has car parts and oil barrels on it. This was never disclosed to us. Yet when I asked someone to contact the sellers lawyer they said I have to prove they knew about it? They lived here for 20 years, a neighbor knew, they stuff wasnt barried deep stuff stick out orr just under the service. We keep finding more and more. Is it true the law protects these dishonest sellers? If that's the case most people would not say anything because they get away with it. Now im out and cant even sell it...I would have never bought this if I knew


Asked on 7/22/14, 7:24 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

This will be a fact specific situation.

Generally speaking, a seller has no duty to disclose defects in the property to a buyer. There are a few exceptions to this, including septic and lead paint. If asked about the existence of a defect or specific condition, the seller must answer truthfully. A seller may not actively conceal or answer the buyer's questions dishonestly.

The burden is on the buyer. It is the job of the buyer to do his or her due diligence when purchasing a property, including careful inspections and written questions to the seller.

A real estate agent, on the other hand, has a higher duty of disclosure toward buyers. A licensed real estate agent must voluntarily disclose the existence of any condition he or she knows about and which might influence a buyer not to purchase the property.

Some areas to explore with a lawyer in your area include whether the seller had a licensed real estate agent, what questions you asked of the seller or seller's agent, what was said to you by the seller or the seller's agent, what information was provided to you/advertised by the seller or seller's agent, etc.

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Answered on 7/23/14, 5:24 am


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