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Massachusetts Homestead Protection: Automatic $125,000 vs Declared $1,000,000

Massachusetts homestead law protects some of the equity in your principal residence from many creditors. Under M.G.L. c. 188, you get an automatic homestead exemption of $125,000 without filing anything. If you record a declaration of homestead at the Registry of Deeds, the declared exemption is $1,000,000.

This is creditor protection, not a property tax break. It does not lower your tax bill. It limits how much of your home equity certain creditors can reach if you are sued or fall into debt.

What is the difference between automatic and declared homestead?

• Automatic homestead. $125,000, no filing needed. For a home owned as joint tenants or tenants by the entirety, the owners together share one $125,000 exemption. For tenants in common or trust beneficiaries, it is split by ownership share.
• Declared homestead. $1,000,000, created by a written declaration that is signed under penalty of perjury and recorded. For joint tenants or tenants by the entirety who declare together under section 3, the owners together share one $1,000,000 exemption.
• Elderly or disabled declaration. Under section 2, each owner who is 62 or older, or who meets the statute's disability definition, can record a declaration. The statute says each such owner gets the declared exemption without reduction, proration or allocation among other owners.

The law covers single-family homes, 2- to 4-family homes, condo units used as residences, manufactured homes and residential co-op units, as long as the owner lives there or intends to as a principal residence. You can only have one principal residence.

What does homestead not protect against?

Section 3(b) lists exceptions. A homestead does not protect the home from:

• Sales for federal, state and local taxes, assessments, claims and liens
• A lien recorded before the homestead was created
• A mortgage on the home, as provided in sections 8 and 9
• Court-ordered spousal, former spouse or child support
• Ground rent claims where the building sits on land the owner does not own
• A court judgment based on fraud, duress, undue influence or lack of capacity

So homestead does not stop your mortgage lender from foreclosing if you stop paying, and it does not cancel property taxes.

How do new buyers record a declaration?

A declaration of homestead must be in writing, signed and acknowledged under penalty of perjury by each owner it benefits, and recorded at the Registry of Deeds for the county where the home is. Section 5 says it must:

• Identify each owner it benefits, and any non-titled spouse
• State that each person named lives in, or intends to live in, the home as their principal residence
• Be signed by both spouses if a married couple owns the home and both live there
• Be signed only by the trustee if the home is held in trust

The Secretary of the Commonwealth publishes declaration forms for homes owned by individuals and for homes owned by trustees. The state's law library says you file with your local Registry of Deeds, by mail with notarized signatures and a check if you like, and that the state filing fee is $35. Check with your registry about any additional county fees.

If you are buying, ask your closing attorney whether the declaration will be recorded as part of your closing or whether you need to file it yourself.

What happens when you sell or move?

Under section 2(b), an elderly or disabled person's homestead ends when that person sells or transfers their interest (unless they are also a buyer), records a release, declares a homestead on another property, stops using the home as a principal residence, or dies. If you are downsizing, plan to record a new declaration on the next home. See our guide to selling a longtime family home.

Homestead protection extends to sale proceeds and fire or casualty insurance proceeds as defined in section 11 of the chapter. The rules there are technical, so ask an attorney if you are relying on them.

FAQ

Do I have homestead protection without filing?

Yes. The automatic homestead exemption is $125,000 for an owner's principal residence.

How much does a recorded declaration protect?

The declared homestead exemption is $1,000,000. For co-owners, how it is shared depends on how title is held and which section the declaration is under.

Does homestead lower my property taxes?

No. M.G.L. c. 188 is about protection from creditors. Property tax exemptions are a separate matter handled by your city or town assessor.

Does homestead protect against my mortgage lender?

No. Section 3(b) excludes mortgages on the home as provided in the chapter, as well as tax liens and earlier recorded liens.

Who counts as elderly for a homestead declaration?

The statute defines an elderly person as someone 62 years of age or older.

Next step

A licensed local real estate agent can remind you to plan the homestead declaration as part of closing, and your closing attorney can confirm which form fits how you hold title. For questions about protection in a specific debt or lawsuit, talk with a Massachusetts attorney.

Sources: M.G.L. c. 188, Section 1, Section 2, Section 3, Section 5, Trial Court Law Libraries: Massachusetts law about homestead, Secretary of the Commonwealth: Declaration of homestead form (PDF).

Lyn Robinson

Lyn Robinson Real Estate, LLC

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Buying a Pre-1978 Home in Massachusetts: The Lead Paint Law

If the Massachusetts home you want was built before 1978, the seller and any real estate agent must give you the Property Transfer Lead Paint Notification before you sign the Purchase and Sale Agreement. After you receive it, you have at least 10 days, or longer if agreed, to get a lead inspection if you choose. A lead inspection is not required, but the Department of Public Health (DPH) highly recommends it.

The bigger rule to know: under the Massachusetts Lead Law, if a child under 6 will live in a pre-1978 home, the owner must have it deleaded or brought under interim control within 90 days of taking title.

What is the Property Transfer Lead Paint Notification?

It is a DPH form (CLPPP Form 95-17, revised April 10, 2026) that meets both the Massachusetts and federal notification laws. The state requirement is in M.G.L. c. 111, Section 197A.

Before you sign a Purchase and Sale Agreement, a lease with an option to buy, or a memorandum of agreement in a foreclosure sale, sellers and agents must:

• Give you the whole notification document
• Give you copies of any lead inspection reports, risk assessments, Letters of Compliance or Letters of Interim Control
• Tell you anything they know about lead in the home
• Tell you about the 90-day deleading rule if a child under 6 will live there
• Check the state's Lead Safe Homes database for the address
• Sign the certification page, and have you sign it too

DPH says sellers or agents must keep these documents for at least three years. Sellers and agents who do not comply face civil penalties of up to $1,000 under state law, plus federal civil and criminal penalties.

How does the 10-day lead inspection work?

DPH's form says that after you receive the notification, you have at least 10 days, or longer if you and the seller agree, to have a lead inspection done. Foreclosure sales are the exception. The time is usually set in the offer or Purchase and Sale Agreement, so read our guide to the Offer to Purchase and P&S for how those dates fit together.

Only licensed lead inspectors can do a lead inspection. DPH notes that most home inspectors are not lead inspectors. A lead inspector tests inside and outside the home, documents any lead paint or lead hazards, and explains your options and legal duties. DPH lists licensed private lead inspectors on the Childhood Lead Poisoning Prevention Program site.

You pay for the inspection. Whether you use the results to renegotiate, ask for credits or walk away depends on the terms in your contract.

What if a child under 6 will live in the home?

This rule applies to owners, including people buying a home to live in, not just landlords. DPH says a pre-1978 home where a child under 6 lives must be free from lead hazards. As the new owner, you would have 90 days after taking title to have the home deleaded or brought under interim control.

DPH says the lead inspector will review the report, deleading options and your legal responsibilities with you, which helps you decide between full deleading and interim control.

If you are buying a 2- to 4-family home and plan to rent units, read the landlord section of DPH's notification as well. Owners of pre-1978 rental units where children under 6 live have their own deleading duties under the Lead Law.

Is there help paying for deleading?

DPH lists these:

• A Massachusetts tax credit of up to $3,000 for each unit deleaded
• Grants and affordable loans for deleading, listed on the state's financial assistance for deleading page

Ask a tax professional how the credit applies to you before you count on it.

What should buyers do?

• Find out the year the home was built as soon as you are interested.
• Look up the address in the Lead Safe Homes database yourself.
• Read the whole notification before you sign it.
• Decide quickly whether to hire a licensed lead inspector, so you do not miss the window.
• If a child under 6 will live there, get estimates for deleading or interim control before you commit.

FAQ

Which Massachusetts homes does the lead paint notification apply to?

Homes built before 1978. DPH says the notification must be given to prospective buyers of those homes under both state and federal law.

When must I receive the notification?

Before you sign a Purchase and Sale Agreement, a lease with an option to purchase, or a memorandum of agreement in a foreclosure sale.

How long do I have to get a lead inspection?

At least 10 days after receiving the notification, or longer if you and the seller agree. The exception is foreclosure sales.

Is a lead inspection required before I buy?

No. DPH says it is not required but is highly recommended. It does become important after closing if a child under 6 will live in the home.

Can my home inspector check for lead?

Only a licensed lead inspector can do a lead inspection. Most home inspectors are not licensed for it.

Next step

A licensed local real estate agent can make sure you get the notification on time and help you build the lead inspection window into your offer. For questions about the Lead Law itself, DPH's Childhood Lead Poisoning Prevention Program takes calls at (800) 532-9571.

Sources: DPH: Property Transfer Lead Paint Notification, Property Transfer Lead Paint Notification, CLPPP Form 95-17, Rev. 4/10/26 (PDF), M.G.L. c. 111, Section 197A, The Massachusetts Lead Law.

Lyn Robinson

Lyn Robinson Real Estate, LLC

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First-Time Buyers in Massachusetts: MassHousing Down Payment Assistance

MassHousing offers income-eligible first-time homebuyers down payment assistance of up to $30,000 when they buy a home anywhere in Massachusetts. The assistance must be paired with a MassHousing Mortgage, and a homebuyer education class is required.

The assistance is a loan, not a grant. It is a second mortgage that must be paid off when you sell, refinance or pay off the first mortgage.

Who is eligible?

MassHousing says that to get its Down Payment Assistance you must:

• Be an income-eligible first-time homebuyer
• Buy a single-family home, a condominium, or a 2-, 3- or 4-family property that will be your primary residence
• Pair the assistance with a MassHousing Mortgage loan
• Complete a homebuyer education class

Additional requirements apply, and MassHousing-approved lenders decide which type and amount of assistance you qualify for. MassHousing has an online Eligibility Quick Check that can connect you with a partner lender.

What are the three assistance options?

• Option 1: deferred. Up to $30,000 at 0% interest. No payments are due until you sell, refinance or pay off the first mortgage, when the whole balance is due.
• Option 2: amortizing at 2%. Up to $25,000, repaid monthly over 15 years at a fixed 2% (APR 2%). MassHousing's example: a $25,000 loan has 180 payments of $160.88.
• Option 3: amortizing at 3%. Up to $25,000, repaid monthly over 15 years at a fixed 3% (APR 3%). MassHousing's example: a $25,000 loan has 180 payments of $172.62.

The amortizing options add a second monthly payment on top of your first mortgage. Count both when you figure out what you can afford.

What does the MassHousing Mortgage include?

MassHousing describes its mortgages as having interest rates fixed for the life of the loan, with Conventional and FHA options. It also lists:

• MI Plus. On loans with MassHousing mortgage insurance, MI Plus can help pay principal and interest if you lose your job: up to $4,000 a month for up to six months, at no extra cost. Loans approved for mortgage insurance before July 1, 2024 have a $2,000 monthly limit.
• Closing credit for military households. Members of the National Guard or Reserves, active-duty military, veterans and Gold Star Families may be eligible for a $2,500 closing cost credit.
• Purchase and renovation. MassHousing financing can cover both buying and renovating a home.

MassHousing assistance can be combined with other local programs. MassHousing names the Federal Home Loan Bank of Boston's Equity Builder as one example and says many cities and towns have their own first-time buyer help. Check with the town where you are buying.

How does homebuyer education work?

MassHousing lists approved homebuyer education providers around the state, and classes are offered in person and online in several languages through MyMassHome. You do not have to take the course in the town where you live or are buying.

Two Massachusetts rules are worth learning before you shop: a signed Offer to Purchase can already be a binding contract, and homes built before 1978 come with lead paint rules. See our guides to the Offer to Purchase and P&S and the lead paint law for pre-1978 homes.

What should first-time buyers do first?

• Sign up for a homebuyer education class early. It is required.
• Run MassHousing's Eligibility Quick Check, then talk to a MassHousing-approved lender.
• Ask the lender which assistance option fits and what your total monthly payment would be.
• Ask your city or town about local first-time buyer programs you can stack.
• After you close, consider recording a declaration of homestead.

FAQ

How much down payment help does MassHousing offer?

Up to $30,000 as a deferred, 0% second mortgage, or up to $25,000 as a 15-year amortizing loan at 2% or 3%. Your lender determines the type and amount.

Do I have to repay MassHousing down payment assistance?

Yes. It is a second mortgage that must be paid off when the home is sold or refinanced, or when the first mortgage is paid off.

Can I use it on a multi-family home?

Yes, a 2-, 3- or 4-family property qualifies if it will be your primary residence.

Is it only for certain towns?

No. MassHousing says it is available in every city and town in Massachusetts, subject to first mortgage eligibility.

Can I combine it with other programs?

MassHousing says it may be combined with other local down payment and assistance programs, such as FHLB Boston's Equity Builder.

Next step

A licensed local real estate agent can help you shop within the price a MassHousing lender approves and time your offer around the loan process. Program terms can change, so confirm current details with MassHousing or an approved lender before you commit.

Sources: MassHousing: Down Payment Assistance, MassHousing: Mortgage Loans, Down Payment Assistance & Homebuyer Benefits, MassHousing: MI Plus, MassHousing: Find a Homebuyer Education Class.

Lyn Robinson

Lyn Robinson Real Estate, LLC

Visit lynrobinsonrealestate.com

Offer to Purchase vs Purchase and Sale Agreement in Massachusetts

A typical Massachusetts home purchase uses two documents. First comes the Offer to Purchase, signed by the buyer and accepted by the seller. Later comes the longer Purchase and Sale Agreement, often called the P&S. Many people treat the offer as a formality. It is not: in McCarthy v. Tobin, 429 Mass. 84 (1999), the Supreme Judicial Court held that a signed offer on a standard form, with all the material terms, was a binding contract even though it said it was subject to a later Purchase and Sale Agreement.

So read the offer as carefully as the P&S. Whether a given offer binds you depends on its wording, and that is a question for a Massachusetts real estate attorney.

What is the Offer to Purchase?

The offer is usually a short form. It names the property, the price, the deposit, the closing date and the main conditions, such as financing and inspections. It also sets a date by which the parties will sign the P&S.

Deadlines in Massachusetts home sales come from the contract, not from a state statute. The offer and the P&S set the dates for the inspection, the mortgage commitment and closing. Read each date and count the days yourself.

Some things the law requires to happen before or around the offer stage:

• Home inspection brochure. Under M.G.L. c. 112, Section 87YY½, a home inspection brochure must be given to the buyer when the first written contract to purchase is signed. The same section bars brokers from directly recommending a specific home inspector unless a written agreement makes the broker the buyer's exclusive agent. On request, they can give the full list of licensed inspectors prepared by the state board.
• Lead paint notification. For a home built before 1978, the buyer must receive the Property Transfer Lead Paint Notification before signing the Purchase and Sale Agreement. See our lead paint law guide.

What happens between the offer and the P&S?

This window is usually when the buyer does inspections. In Massachusetts, home inspectors must be licensed under M.G.L. c. 112, Section 222 and must give a written report. Buyers of pre-1978 homes have at least 10 days, or longer if agreed, to get a lead inspection if they choose.

The buyer also starts the mortgage application, and the two sides draft and negotiate the P&S. Either side can have a Massachusetts real estate attorney draft or review it. If the home has a septic system, the Title 5 report should be in hand or scheduled. See the Title 5 guide.

What does the Purchase and Sale Agreement add?

The P&S is the detailed contract. It typically covers:

• The full legal description of the property and what is included, such as appliances
• Any additional deposit and who holds it
• The mortgage contingency and its deadline
• What happens if the title is defective or the property is damaged before closing
• Who handles items like the Title 5 inspection and the smoke and CO certificate
• Remedies if either side backs out without a contract right to do so

Check whether the P&S says it replaces the offer, and make sure any terms you negotiated in the offer carried over.

What should buyers watch?

• Know which conditions let you withdraw and keep your deposit, and the date each one ends.
• Do not let the inspection deadline pass while waiting for a report.
• Get the lead paint notification and sign its certification before signing the P&S on a pre-1978 home.
• Plan to record a declaration of homestead after closing if you want more protection than the automatic amount.

What should sellers watch?

• Accepting an offer can bind you. Be careful about accepting a second offer while one is signed.
• Book the smoke and CO inspection once there is a closing date. See the smoke and CO guide.
• Give the lead paint notification and any lead reports before the P&S is signed.

FAQ

Is a Massachusetts Offer to Purchase legally binding?

It can be. In McCarthy v. Tobin (1999), the Supreme Judicial Court found a signed standard-form offer was a binding contract. Whether yours is depends on its wording; ask a Massachusetts attorney.

How long between the offer and the P&S?

No statute sets it. The offer names the date, and the parties negotiate it.

When do I get the lead paint notice?

For pre-1978 homes, before you sign the Purchase and Sale Agreement. You then have at least 10 days, or longer if agreed, to get a lead inspection.

Can the listing agent recommend a home inspector?

Massachusetts law bars brokers from directly recommending a specific home inspector, except where a written agreement makes the broker the buyer's exclusive agent. They can provide the state's full list on request.

Should I have an attorney review the offer?

Because a signed offer can bind you, it is worth having a Massachusetts real estate attorney look at it, and at the P&S, before you sign.

Next step

A licensed local real estate agent can explain each date in your offer and help you schedule inspections inside those windows. Have a Massachusetts real estate attorney review the offer and the P&S before you sign.

Sources: McCarthy v. Tobin, 429 Mass. 84 (1999); M.G.L. c. 112, Section 87YY½, M.G.L. c. 112, Section 222, DPH: Property Transfer Lead Paint Notification, Property Transfer Lead Paint Notification, CLPPP Form 95-17 (PDF).

Lyn Robinson

Lyn Robinson Real Estate, LLC

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Massachusetts Seller Disclosure: What Sellers Must Tell Buyers

Massachusetts does not have a mandatory statewide seller disclosure form. Home sales here generally follow caveat emptor, or "buyer beware," as the Massachusetts Association of REALTORS® (MAR) legal hotline puts it. That does not mean sellers can say nothing. Several specific disclosures are required, real estate agents must disclose known material defects, and nobody is allowed to lie.

For sellers, the practical rule is simple: what you choose to say must be true. For buyers, the lesson is that a quiet seller is not a promise that the house is sound. Your own inspections do the heavy lifting.

What disclosures does Massachusetts require?

Even without a general form, these items come up in most sales:

• Lead paint. For a home built before 1978, sellers and agents must give the buyer the Property Transfer Lead Paint Notification before the buyer signs a Purchase and Sale Agreement, share any lead inspection reports or letters of compliance or interim control, and tell the buyer anything they know about lead in the home. This comes from M.G.L. c. 111, Section 197A and federal law. Details are in our lead paint law guide.
• Septic. If the home has a private septic system, the buyer must receive a copy of the Title 5 inspection report from the seller. See the Title 5 inspection guide.
• Smoke and CO alarms. Not a disclosure, but a required certificate from the local fire department. See the smoke and CO certificate guide.

What must real estate agents disclose?

Agents carry a stronger duty than sellers. The Board of Registration of Real Estate Brokers and Salespersons' rules at 254 CMR 3.00 say a licensee has an affirmative obligation to disclose known material defects in real property. That applies even to a facilitator who represents neither side.

The Attorney General's consumer protection rule at 940 CMR 3.16(2), issued under Chapter 93A, treats it as unfair or deceptive for a covered party to fail to disclose any fact that may have influenced the buyer not to enter the transaction. Chapter 93A reaches people acting in trade or commerce, which includes real estate businesses. Whether it reaches a particular private seller is a question for a Massachusetts attorney.

What are sellers not required to disclose?

M.G.L. c. 93, Section 114 says the fact or suspicion that a property is "psychologically impacted" is not a material fact that must be disclosed. The statute's examples include a property being the site of a felony, suicide or homicide, an alleged supernatural event, or an occupant with HIV or another disease highly unlikely to spread through living in a home.

The same section says it does not authorize a seller or agent to make a misrepresentation of fact or a false statement. If a buyer asks a direct question, the answer still has to be honest.

What should sellers do?

Many sellers fill out a voluntary condition statement offered by their agent's brokerage or association. If you do, answer carefully. MAR's hotline notes that information a seller provides, on a form or in answer to direct questions, must be accurate.

• Gather repair records, permits and warranties before you list.
• If you are unsure of something, say you do not know rather than guessing.
• Tell your agent about known defects. Remember the agent has a duty to disclose known material defects.
• Check the state's Lead Safe Homes database for your address if the home was built before 1978.

What should buyers do?

Treat seller statements as a starting point. In Massachusetts, the buyer's protection comes mostly from inspections and the contract:

• Hire a licensed home inspector. Under M.G.L. c. 112, Section 222, anyone doing home inspections for pay must be licensed and provide a written report. You can check a license with the state's professional license lookup.
• For a pre-1978 home, decide whether to use your right to a lead inspection. Most home inspectors are not licensed lead inspectors.
• Read the Title 5 report if the home is on septic.
• Ask direct questions in writing about water, roof, heating and past repairs.
• Have the inspection and other contingencies written into the Offer and the Purchase and Sale Agreement. See Offer to Purchase vs Purchase and Sale Agreement.

FAQ

Is there a required seller disclosure form in Massachusetts?

No statewide form is required for a typical home sale. Specific notices still apply, most importantly the Property Transfer Lead Paint Notification for homes built before 1978.

Can a Massachusetts seller lie about a defect if no form is required?

No. M.G.L. c. 93, Section 114 states that it does not authorize misrepresentations or false statements, and consumer protection and fraud law still apply. Answers a seller chooses to give must be true.

Does the listing agent have to tell me about problems?

Under 254 CMR 3.00, real estate licensees have an affirmative obligation to disclose known material defects in the property.

Does a seller have to say someone died in the house?

Massachusetts law says a property being the site of a felony, suicide or homicide is not a material fact that must be disclosed. A seller or agent still cannot give a false answer.

Is a home inspection required?

No, but it is the buyer's main protection under caveat emptor. Anyone paid to do home inspections in Massachusetts must be licensed.

Next step

A licensed local real estate agent can walk sellers through what to gather and disclose before listing, and help buyers set inspection deadlines in the offer. For questions about legal liability in a specific deal, talk with a Massachusetts real estate attorney.

Sources: MAR: Notes From the Legal Hotline, March 2024, 254 CMR 3.00 (PDF), M.G.L. c. 93, Section 114, M.G.L. c. 111, Section 197A, DPH: Property Transfer Lead Paint Notification, MassDEP: Buying or Selling Property with a Septic System, M.G.L. c. 112, Section 222, 940 CMR 3.16.