Massachusetts does allow as-is home sales — but "as-is" with a conventional or FHA buyer still means inspections, repair requests, and lender requirements. A true as-is sale is only possible with cash.
Selling as-is in Massachusetts means you are not offering to make repairs as a condition of the sale. You're accepting whatever the market will pay for the property in its current condition, and the buyer agrees to take it as found. This is legal in Massachusetts — there is no law requiring sellers to make repairs.
The problem is that "as-is" with a financed buyer is not really as-is. FHA and VA loans have minimum property standards that the home must meet regardless of any as-is language in the contract. A home with a failing septic, unpermitted additions, roof at end of life, or non-functional heating system will fail FHA minimum property requirements — and the lender will not fund. The buyer walks. "As-is" with FHA or VA is frequently a dead end.
A conventional financed buyer will still conduct an inspection, and even with an as-is clause, most financed buyers will request credits or repairs if the inspection reveals major issues — or walk away entirely. The only truly as-is path is a cash buyer who waives inspection, has no lender, and closes on the property in whatever condition it's in.
As-is doesn't mean you can skip Massachusetts' mandatory transfer requirements. These apply regardless of price, condition, or whether you're selling to a cash buyer:
| Requirement | MA Law | Applies To | Details |
|---|---|---|---|
| Smoke/CO Detector Certificate | MGL Ch. 148 § 26E | All sales, including cash | Local fire department inspection; certificate valid 60 days; required before deed records. |
| Lead Paint Disclosure | MGL Ch. 111 § 197A | Pre-1978 homes — all sales | Sellers must provide MA Lead Law Property Transfer Notification Certification. FHA buyers with children under 6 require deleading. |
| Title 5 Septic Inspection | 310 CMR 15.000 | Financed sales with private septic | Cash buyers are exempt. Financed buyers require passing inspection or repair escrow. |
| Seller Disclosure (Material Defects) | Common law / P&S custom | All sales | Disclose known material defects in the P&S. Failure to disclose known defects creates liability. |
| Deed Excise Tax | MGL Ch. 64D | All sales | $4.56/$1,000 (standard); $6.84/$1,000 (Barnstable County). Seller pays. |
Any condition. No repairs, no Title 5, no lender delays. Close in 7 days.
Call (401) 396-7427Get Cash Offer →Yes — MA law allows as-is sales with disclosure of known defects. FHA and VA buyers cannot close on true as-is properties due to minimum property standards. Cash buyers can.
Title 5 is required when transferring a property with private septic — but only for financed buyers. Cash buyers are exempt from the Title 5 pre-sale requirement.
An as-is clause means the buyer accepts the property in current condition and waives repair requests. Financed buyers can still inspect and walk away. A true no-inspection-contingency as-is sale is only possible with cash.