1. Massachusetts Board of Registration of Real Estate Brokers and Salespersons, 254 CMR 3.00: Professional Standards of Practice.
Reference: Section 3.00(13)(a).
Content: This regulation explicitly states that a licensee shall not "[f]ail to disclose to a prospective purchaser or tenant any fact, of which the licensee or sublicensee has knowledge, which may have a material effect on the property being sold or rented." A leaky roof is a material fact, whereas a broken wind chime is not.
2. Massachusetts General Laws (MGL), Chapter 93A: Regulation of Business Practices for Consumers Protection.
Reference: MGL c. 93A, § 2.
Content: This statute prohibits "unfair or deceptive acts or practices in the conduct of any trade or commerce." Massachusetts courts have consistently interpreted a real estate broker's intentional failure to disclose a known material defect to a buyer as an unfair and deceptive practice in violation of this chapter.
3. Zang, B. (2018). Massachusetts Real Estate Law, Practice, and Procedure (Chapter 5: Consumer Protection). Suffolk University Law School.
Reference: Chapter 5, Section on "Broker's Duty to Disclose."
Content: University courseware and legal texts on Massachusetts real estate law emphasize that the duty of disclosure extends to known, hidden (latent) defects that are material. Materiality is defined by whether the information would likely affect a reasonable buyer's decision to purchase or the price offered. A leaky roof meets this standard; a minor personal property defect does not.