An alumna of Cornell University and Boston University Law School, Henrietta Feldman has more than two decades’ experience as a real estate lawyer. Based in Palm Beach, Florida, Henrietta Feldman represents home buyers and sellers in property transactions in Florida as well as her former home state of Massachusetts.

Many states require home sellers to disclose property defects to buyers. Massachusetts, however, is one of the few states in the country that still follows the “caveat emptor” legal rule. This rule directly translates to “buyer beware,” meaning that it is the home buyer’s duty to perform a thorough inspection of the home and ask the seller the right questions to determine its physical condition. If a buyer asks about some aspect or element of the home, however, the seller has a duty to be truthful about its condition.

Massachusetts does require sellers to disclose two things: whether a home has lead paint and whether it has a septic system. For homes built before 1978, state law requires sellers to notify buyers after accepting their offer about the presence of lead in their home and its dangers. Sellers must further notify buyers that they have an opportunity to carry out their own lead paint assessments.

For a septic system, state law requires the seller of a home with this system to disclose it to buyers. Further, they should hire an inspector to inspect their system no more than two years prior to the sale and be able to furnish the buyer with a copy of the inspector’s report.