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Selling a house in Massachusetts: the paperwork

Every document a Massachusetts sale commonly touches, who usually produces it, and the law behind it. In most sales the seller's own share is small, and this page shows you which part that usually is.

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21 documents · 11 questions · about a 21 minute read · free, and we don't ask for your email

5documents are usually the seller's
out of 21 in a Massachusetts sale

Usually the seller's to produce

5

In most sales nobody else prepares these. Whether each one applies to you depends on your home, your title, and your buyer.

  • Federal lead-based paint disclosure (pre-1978)Attached to P&S before buyer obligationOn your list because was the home built before 1978
  • Massachusetts Property Transfer Notification (state lead form)Delivered before buyer signs P&S
  • Title 5 Septic Inspection Report (Form)Delivered to buyer before P&S signing (customary) or before closingOn your list because is there a well or septic system
  • Smoke Alarm + CO Alarm Certificate — M.G.L. c. 148 §§ 26F, 26F1/2Required before deed can be recorded
  • Condo 6(d) certificate (if condo)Delivered at closingOn your list because is the home in an hoa, condo, or co-op

Usually somebody else's to prepare

16

Commonly handled by a title company, an attorney, a lender, or the county. Listed so none of them is a surprise.

  • Offer to Purchase (Greater Boston Real Estate Board form or similar)Initial offerOn your list because did you inherit the home, or is it in probate
  • Purchase and Sale Agreement (usually MA Bar Association / GBREB form)Foundational contractOn your list because is the home in an hoa, condo, or co-op
  • Municipal Certificate of Compliance for Title 5Filed with BoH
  • Certificate of Municipal Lien (M.G.L. c. 60 § 23)In closing packet
  • Title exam / title reportBuyer's attorney's file
  • Deed (quitclaim deed with quitclaim covenants)Recorded post-closing
  • Deeds Excise Tax stamps (M.G.L. c. 64D)On recorded deed
  • Homestead release / termination (if homestead was declared)Recorded post-closingOn your list because are you married
  • HUD-1 or ALTA closing statementClosing packet
  • Buyer's Closing DisclosureBuyer's packet
  • Payoff statementsClosing packet
  • Wire-fraud advisoryClosing packet / email
  • FIRPTA non-foreign affidavitClosing packet
  • 1099-SFiled with IRS
  • Mortgage discharge (Massachusetts term for satisfaction)Recorded post-closing
  • Bill of sale for personaltyClosing packet

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How Massachusetts generally runs a sale

The broad shape of a sale there, as the research found it. Counties and cities add their own rules on top of all of this.

Closing typeAttorney-closing state — mandatory. *REBA v. NREIS*, 459 Mass. 512 (2011) held that conducting a real estate closing is the practice of law, requiring a Massachusetts attorney.
Property regimeCommon law equitable distribution. Dower and curtesy abolished (M.G.L. c. 189). No blanket spousal-joinder for sole-title property. Community property does not exist in MA.
HomesteadDeclaration of Homestead (M.G.L. c. 188) — automatic $125,000 protection; declared homestead up to $500,000 (or higher for elderly/disabled).
Standard deedQuitclaim deed with quitclaim covenants (M.G.L. c. 183 § 11) — Massachusetts's distinctive standard.
Disclosure regimeNO STATUTORY SELLER DISCLOSURE FORM for general condition. Caveat emptor applies to sellers (*Swinton v. Whitinsville Savings Bank*, 311 Mass. 677 (1942); modified by *Kannavos v.
Transfer taxDeeds excise tax — $2.28 per $500 (0.456%) statewide under M.G.L. c. 64D. Additional local surcharges in specific areas (Cape Cod: Barnstable County + CPA;
RONAuthorized under M.G.L. c. 222 § 26 (Notaries Public Act of 2016, expanded by 2023 amendments); operational.
Recording actRace-notice (M.G.L. c. 183 § 4).
Recording officeCounty Registry of Deeds — 14 registries statewide (some counties have multiple districts, e.g., Middlesex North + South).
Torrens/Land CourtApproximately 15% of MA properties are registered under the Land Court's Torrens system — separate recording procedures (Land Court Certificate of Title) apply.

Other things Massachusetts asks about

These come up in Massachusetts and almost nowhere else. We don't ask them above because we can't answer them for you yet, but they're worth raising with your title company.

  • Built before 1978?
  • On municipal sewer?
  • Property is Land Court–registered (Torrens)?
  • Home has urea-formaldehyde foam insulation (UFFI)?
  • Home has a fireplace, gas heat, oil heat, propane, or attached garage?
  • Are you married?
  • Are you a U.S. citizen or U.S. tax resident?
  • Will you attend closing?
  • Home has an oil heating tank (above-ground or underground)?
  • Property on Cape Cod, Nantucket, or Martha's Vineyard?

Before you rely on any of this

This is a compilation of published state requirements, not legal advice, and no lawyer has reviewed it or your sale. Laws and forms change, counties and cities add their own rules, and whether any of this applies to you depends on facts we don't know. Treat every item as a starting point for a question, not as an answer. Confirm anything you plan to rely on against the official source we link, and run your list past a title company or an attorney licensed in your state.

These counts describe a typical sale, not yours. Which documents you need turns on facts about your home, your title, your buyer, and your county, and one unusual answer can add several or remove them.

Who prepares each document is what usually happens, not a rule. Practice differs between states, between counties, and between one title company and the next, and your contract can move work from one side to the other.

Keighbor is not a real estate brokerage and does not represent you. Nobody here is your agent. We don't negotiate, set your price, recommend a course of action, or take a commission. We provide software that helps you organize your side of the sale.

The full Massachusetts reference

The rest of the research, with every citation kept. This is the same material our own product is built on, and nothing is held back for paying customers. It describes the law as the research found it, not as it applies to your sale.

ALWAYS-required documents (every MA residential transaction)

Purchase and Sale Agreement

Ownership: [SELLER's ATTORNEY] drafts / negotiates. Legal basis: M.G.L. c. 259 § 1 (statute of frauds). Standard forms: Greater Boston Real Estate Board (GBREB) Purchase and Sale Agreement; Massachusetts Association of REALTORS (MAR) form; Massachusetts Conveyancers Association form. Each attorney typically adds a "rider" with client-specific negotiated terms. Structure: MA transactions typically use a two-step contract: initial Offer to Purchase (a binding but limited contract) → within 10–14 days, a full P&S Agreement — during this window, buyer inspects and buyer's attorney reviews title.

Deed (quitclaim deed with quitclaim covenants)

Ownership: [SELLER's ATTORNEY] drafts. Legal basis: M.G.L. c. 183 § 11. Terminology trap: Despite the name, a "quitclaim deed" in MA is NOT the same as a quitclaim deed elsewhere. MA's quitclaim covenants (§ 11) provide that the grantor covenants against their own acts — the grantor guarantees they haven't previously encumbered the property. It's roughly equivalent to a bargain-and-sale deed with covenants elsewhere. A true no-warranty deed in MA would be a "release deed" (M.G.L. c. 183 § 8). Required elements: Grantor(s), grantee(s), consideration, legal description, granting clause, signatures acknowledged before a notary. Recording formatting per Registry standards. Recording: With the appropriate Registry of Deeds (14 registries, some with sub-districts).

Deeds Excise Tax — M.G.L. c. 64D

Ownership: [SELLER's ATTORNEY] calculates; Registry affixes stamps at recording; seller customarily pays. Rate: $2.28 per $500 of consideration ($4.56 per $1,000) statewide. Barnstable County adds an additional excise per M.G.L. c. 64D § 12 for the Cape Cod Land Bank / Community Preservation.

Federal lead-based paint disclosure

Trigger: Home built pre-1978. Ownership: [SELLER] Legal basis: Federal Title X (see methodology § 8).

Massachusetts Property Transfer Notification — state lead paint

Trigger: Home built pre-1978. Ownership: [SELLER] — must personally deliver. Appears: Delivered to buyer BEFORE buyer signs the P&S Agreement. Legal basis: M.G.L. c. 111 § 197A (Massachusetts Lead Law) + accompanying regs at 105 CMR 460. Required documents:

  1. Property Transfer Notification — state-mandated form disclosing whether the seller has knowledge of lead paint in the home + whether a Letter of Interim Control or Letter of Compliance has been issued.
  2. Any lead inspection or risk-assessment reports on file.
  3. Any Letter of Compliance / Letter of Interim Control on record.

Critical difference from federal: The state notification is a separate form from the federal disclosure and must include Massachusetts-specific information about the state's Lead Law. Both must be delivered — federal Title X doesn't satisfy state § 197A.

No deleading required at sale. But if a child under 6 moves in after purchase, the new owner has 90 days to comply with the Lead Law's abatement requirements — a substantial future liability that buyers must be informed of.

How to find: Massachusetts Department of Public Health, Childhood Lead Poisoning Prevention Program: mass.gov/orgs/childhood-lead-poisoning-prevention-program. Property Transfer Notification form and accompanying "Property Transfer Lead Paint Notification Certification" downloadable free.

Title 5 Septic Inspection — 310 CMR 15.301

Trigger: Property has a septic system, cesspool, or other on-site subsurface sewage disposal system (not on municipal sewer). Ownership: [Licensed Title 5 Inspector] commissioned by seller; seller pays. Legal basis: 310 CMR 15.301 (Massachusetts Department of Environmental Protection regulations). Rule: The septic system must be inspected within 2 years before the property transfer (extended to 3 years if the system has been pumped annually with pumping records available). Inspection performed by a MassDEP-certified Title 5 System Inspector. Timing: Customary to complete before P&S signing so buyer/seller can negotiate around any needed repairs. Not statutorily required at any specific pre-closing date, but Registry of Deeds and buyer's attorney will require documentation before closing. Outcomes:

  • Pass: System conforms; inspection valid for 2 years (3 years with pumping records).
  • Fail: Seller (or negotiated party) must upgrade the system, typically within 6 months of the failed inspection or before conveyance; upgrade permit filed with local Board of Health.
  • Conditional Pass: Specific conditions must be met; documented and disclosed to buyer.

Cost: Typical inspection $400–$800; failed system replacement $15,000–$30,000+ depending on scope.

How to find:

  • MassDEP Title 5 program: mass.gov/topics/septic-systems-title-5
  • Certified inspector list: available through MassDEP or local Board of Health.
  • Inspection report form: standard MassDEP Subsurface Sewage Disposal System Inspection Form.

Smoke Alarm + Carbon Monoxide Alarm Certificate — M.G.L. c. 148 §§ 26F, 26F1/2

Trigger: All residential transfers of 1–2 family dwellings (26F) and any dwelling with a fossil-fuel appliance / fireplace / attached garage (26F1/2 for CO). Ownership: [Local Fire Department] inspects and issues certificate; [SELLER] schedules. Legal basis: M.G.L. c. 148 § 26F (smoke); § 26F1/2 (CO). Rule: Before the deed can be recorded at the Registry of Deeds, the seller must obtain a certificate from the local fire department certifying that the property has working smoke alarms (compliant with current code, which requires specific placement + power source) and, where applicable, CO alarms. Certificate validity: 60 days from issuance — schedule inspection so it aligns with expected closing date; if closing delays past 60 days, re-inspection required. Fee: Typical $50–$150 depending on municipality; fees set locally. How to find: Schedule with local municipal fire prevention bureau; each town publishes its own scheduling process. Registry of Deeds will refuse to record without the certificate.

Certificate of Municipal Lien — M.G.L. c. 60 § 23

Ownership: [Municipal Collector] issues; [SELLER's ATTORNEY] orders. Purpose: Certifies whether municipal taxes, water/sewer, and other municipal charges are current or in arrears. Fee: Typically $50–$100.

HUD-1 / ALTA closing statement, wire-fraud advisory

[SELLER's ATTORNEY + TITLE].

Certificate of Homestead Discharge / Homestead Release (if applicable)

Trigger: Seller previously filed a Declaration of Homestead (M.G.L. c. 188 § 3). Ownership: [SELLER's ATTORNEY] drafts. Purpose: Releases the homestead protection on the sold property so title passes free of the homestead encumbrance. Recorded with the deed.

SOMETIMES-required documents (only when triggered)

Condominium / HOA — Chapter 183A

Trigger: Property is a condominium unit. Ownership: [Condo Association / MGMT CO] provides; seller orders. Legal basis: M.G.L. c. 183A (Massachusetts Condominium Act). Documents:

  • Master deed, declaration of trust, bylaws, rules.
  • Current budget, most recent audited financials.
  • 6(d) certificate (§ 6(d)) — certifies whether the unit is current on common area charges; required at closing to establish super-priority lien status.
  • Insurance certificate.
  • Right-of-first-refusal waiver if applicable.

Well water

No statewide POS well testing mandate. Some Boards of Health require potability testing at transfer.

Land Court–registered property (Torrens)

Trigger: Property is registered under the Land Court's Torrens system (approximately 15% of MA properties). Ownership: [SELLER's ATTORNEY] handles. Difference: Instead of a Registry-of-Deeds deed recording, transfer occurs by issuance of a new Certificate of Title by the Land Court. Attorney experienced in Land Court practice required.

UFFI disclosure — M.G.L. c. 255 § 12N

Trigger: Seller knows or has reason to know that urea-formaldehyde foam insulation is present in the walls. Ownership: [SELLER] — written disclosure required.

Marital status / tenancy by the entirety

Trigger: Seller is married. Rule: If property held as tenants by the entirety, both spouses must sign to convey. Otherwise, no spousal-joinder requirement. Homestead is NOT a spousal-joinder statute in MA — it's a creditor-protection statute.

Trust / entity

Trust certificate (M.G.L. c. 203E § 1013); LLC/corp resolution + Certificate of Good Standing from MA Secretary of the Commonwealth.

Estate / probate

Executor's deed; Letters Testamentary from Probate and Family Court.

Power of attorney

Notarized. If attorney-in-fact will sign a recorded instrument, POA recorded with the deed.

Tenant-occupied

Lease assignment; estoppel; security-deposit + last-month's-rent + interest reconciliation under M.G.L. c. 186 § 15B (one of the strictest security-deposit statutes in the U.S. — statutory damages for noncompliance).

CLUE

LexisNexis Consumer Center.

Open permits

Municipal building department search. Close out before closing.

Oil heating tank

Trigger: Property has (or has had) an oil tank (above-ground or underground). Rule: No specific MA statute mandates a disclosure form, but the common-law nondisclosure risk + 21E liability (M.G.L. c. 21E — Oil and Hazardous Material Release Prevention and Response Act) creates substantial exposure for undisclosed contamination. Practice: disclose all known tanks, provide any 21E reports or Response Action Outcome (RAO) documentation. MassDEP oil-tank policy: Newer above-ground tanks and abandoned underground tanks have specific closure requirements — verify with a licensed 21E specialist.

Solar panels

Owned: warranty transfer; UCC-1 fixture-filing search. Leased/PPA: coordinate with leasing company.

Declaration of Homestead termination

If the seller previously recorded a Declaration of Homestead (M.G.L. c. 188 § 3) — automatic $125,000 protection or up to $500,000 declared — the closing attorney drafts a homestead release recorded with the deed. Automatic homestead terminates on transfer.

Federal overlays

See master methodology § 8. Applied to Massachusetts:

  • Lead paint (pre-1978) — federal Title X + MA § 197A layered on top. Both disclosures required.
  • FIRPTA — foreign sellers; no state non-resident withholding in MA.
  • 1099-S — filed by attorney or title.
  • FinCEN RRE Rule (effective March 1, 2026) — Boston was a historical GTO metro.
  • Wire fraud — attorneys and title.

Prescribed-language / prescribed-form items

Massachusetts's disclosure regime is more form-based (lead paint, Title 5, smoke/CO cert) than PSA-language-based:

ItemStatute / RegForm / languageNon-attorney path (rare in MA)
MA Property Transfer Notification (lead)M.G.L. c. 111 § 197A; 105 CMR 460State formDPH form (free)
Federal lead paint24 CFR 35EPA formEPA form
Title 5 septic inspection310 CMR 15.301MassDEP inspection report formCertified inspector required
Smoke/CO alarm certificateM.G.L. c. 148 §§ 26F, 26F1/2Municipal fire certificateLocal fire scheduling
UFFI disclosureM.G.L. c. 255 § 12NWritten disclosure (no prescribed form)Include in P&S rider
Broker duty of disclosure940 CMR 3.16Broker's obligation, not seller'sN/A for FSBO

Sellers have no general prescribed-language items in the PSA. This is unusual — most states embed at least a radon or tax notice. MA does not.

Local / municipal overlays

  • Cape Cod (Barnstable County): Additional deeds excise for CPA + Land Bank per M.G.L. c. 64D § 12.
  • Nantucket: Land Bank Commission — 2% land bank fee on transfers, with local exemptions (Nantucket Islands Land Bank Act, Ch. 669 of Acts of 1983).
  • Martha's Vineyard: Martha's Vineyard Land Bank — 2% land bank fee on transfers, with local exemptions (Ch. 736 of Acts of 1985).
  • Boston (city): No local transfer tax at time of writing, though periodic proposals for a "transfer fee" have surfaced.
  • Community Preservation Act municipalities: Some 190+ MA municipalities have opted into CPA (M.G.L. c. 44B), imposing a small property-tax surcharge but generally NOT a transfer surcharge (Cape Cod being the notable exception).
  • Boston/Cambridge/Somerville rent control history: Rent control was banned statewide by ballot (Question 9, 1994) — no current rent control regime, though several municipalities have periodically proposed reinstatement.

Post-closing obligations

  • Record deed + smoke/CO certificate + homestead release with the Registry of Deeds.
  • Deeds excise tax + local land bank fee (Cape/Islands) paid at recording.
  • 1099-S filed by attorney/title.
  • Mortgage discharge recorded by lender within 45 days of payoff (M.G.L. c. 183 § 55).
  • IRC § 121 federal exclusion; MA conforms.
  • Homestead re-declaration on new property — buyer typically records fresh homestead declaration.

Federal overlay cross-reference

See master methodology § 8.

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