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Representations and Acknowledgments

What Buyers Need to Know About Disclosures in a Massachusetts Real Estate Transaction

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This paragraph ensures that Buyers acknowledge receiving key disclosure forms, and that they understand what the Seller and brokers are (and are not) representing about the condition or use of the property.

In Plain English:

This section of the Offer tells the Buyer:

- You have received the required Massachusetts disclosures, including:

  • The Agency Disclosure Form

  • The Lead Paint Notification (for homes built before 1978)

  • The Home Inspectors Facts for Consumers brochure

- You are not relying on verbal or written statements from the Seller or real estate agents about:

  • The legal use or zoning of the property

  • Whether a unit is legal

  • The number of rooms or units

  • Compliance with codes or restrictions

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If you care about these issues, it’s your responsibility to:

  • Consult a real estate attorney

  • Get written confirmation from the town or city

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This section also has a section where written representations are listed.  If a Buyer is relying on any representations that had been made in the listing they should be restated here and attached to the offer if appropriate. This is especially true if Buyer has waived inspections.  Otherwise if there are none, the Offer should say “NONE.” in this section.

Attorney’s Note:

As a Massachusetts real estate lawyer, I always tell clients: assume that no one is guaranteeing anything about the use or condition of the property unless it's in writing.

 

For example, just because a listing says “legal two-family” doesn’t mean the town agrees. If you're counting on that information, get it verified before your contingencies expire.

Also, make sure you’ve received all required disclosures before signing the Offer. If you’re unsure, ask your real estate attorney to review them with you.

Disclaimer: The information provided in this [video/website] is for general informational purposes only, and does not constitute legal advice. You should not rely on this information as a substitute for professional legal counsel. Consult with a qualified attorney for advice regarding your specific legal situation

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