Massachusetts law requires disclosing known defects — but not fixing them. The real problem is the lender. FHA, VA, and conventional appraisers flag conditions that block financing. Cash buyers skip the appraisal and close as-is in 7 days.
Under MGL Chapter 93A, Massachusetts sellers must disclose all known material defects — conditions that would affect a buyer's decision to purchase or the price they would pay. This includes structural issues, water damage, mold, lead paint, title defects, and zoning violations. Failure to disclose can expose the seller to unfair trade practice claims.
Importantly, disclosure is not the same as repair. You can disclose a roof leak and still sell the home as-is — the buyer simply knows what they're getting. The challenge with fixer-uppers isn't the disclosure law; it's the lender. FHA and VA appraisers must flag certain conditions as "subject-to" — meaning the loan can't close until the condition is remediated.
| Condition | FHA / VA / Conventional | Cash Buyer |
|---|---|---|
| Active roof leak / missing shingles | Conditions financing — seller must repair before close or buyer backs out | Buys as-is — no repair required |
| Broken windows / damaged siding | FHA MPS flag — flagged as 'security and weathering' issue; conditioned on repair | Buys as-is |
| Unsafe electrical (knob-and-tube, fuses) | FHA/VA appraiser flags exposed wiring; may condition loan on electrician sign-off | Buys as-is — no electrician required |
| Inoperable HVAC / no heat | FHA requires functional heating in MA climate — conditions loan on working system | Buys as-is — no HVAC repair required |
| Peeling paint (pre-1978 home) | FHA and VA require stabilization of deteriorated paint in all pre-1978 housing — MA lead paint law requires deleading if child under 6 | Buys as-is — no paint stabilization required |
| Foundation cracks / structural damage | Significant foundation damage conditions loan on structural engineer inspection and repair estimate | Buys as-is — no foundation repair required |
| Failed/missing septic (Title 5) | In most MA towns with private septic, financed buyers require Title 5 compliance before closing | No Title 5 required for cash sale |
| Water damage / mold | Active water intrusion and visible mold trigger subject-to conditions — lender requires remediation | Buys as-is — no remediation required |
The FHA 203k renovation loan lets buyers finance both the purchase and rehabilitation of a fixer-upper in one loan. A limited 203k covers minor repairs up to $35,000; a standard 203k covers major structural work. The catch: 203k buyers need contractor bids and HUD consultant approval before closing — this adds 30–60 days to the timeline and not all buyers qualify. It also requires the property to be habitable during renovations, which rules out significant fixer-uppers.
Even with 203k as an option, your buyer pool shrinks significantly. Cash buyers make an offer in 24 hours with no appraisal and no financing delays.
No repairs. No 203k delays. Cash offer in 24 hours, close in 7 days. Disclose and go.
Call (401) 396-7427Get Cash Offer →Yes. Massachusetts law (MGL Ch. 93A) requires disclosing known defects but does not require repairs. The problem is financed buyers — FHA and VA appraisers condition loans on certain repairs. Cash buyers close as-is without any appraisal.
No repairs are legally required to sell — but FHA/VA lenders require: functional roof, working HVAC, safe electrical, intact windows, and paint stabilization in pre-1978 homes. Cash buyers skip the appraisal entirely and close without repairs.