Legal Question in Real Estate Law in Massachusetts
Are sellers or realtors in Massachusetts required to disclose that a petition has been filed with the city to have the street the property is located on converted from a private way to a public street? (The city would later assess the new owner $150/ft of frontage as a betterment)
3 Answers from Attorneys
if they know
The Seller has no obligation to reveal anything but can't lie about information. A real estate broker has an obligation to reveal information that could effect a buyer's decision to purchase the property. The broker has an obligation to conduct some research into the property to discover facts of interest to a buyer. How difficult it was to discover this information would determine if a broker has potential liability for failing to disclose this information.
If they are aware of it, they are required to disclose any thing that impacts title or betterments that could impact the transaction if it would be considered material. This would probably be considered material if they were aware of same.
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