Buying a house in Massachusetts without a buyer's agent: what to ask before you offer

This is general information, not legal advice. Talk to a Massachusetts real estate attorney before you sign anything.

Yes — you can buy a house in Massachusetts without a buyer's agent. NAR's own settlement FAQs say the choice of whether to use a real estate professional is up to the buyer.

That does not mean the house has fewer catches. Massachusetts still has limited statewide seller-disclosure duties, a signed Offer to Purchase that can bind you before the long Purchase and Sale Agreement is drafted, and a stack of lead, septic, smoke/CO, permit, and condo questions that do not disappear because you are an unrepresented buyer.

This guide is for Massachusetts buyers who are shopping without a buyer's agent, still deciding whether to sign a buyer agency agreement or buyer broker agreement, or talking with a listing agent at an open house. A good buyer's agent remains valuable. If you choose to proceed without one — or you are between agents — you still need a clear list of what to ask before you offer.

Every house has a catch. Find it before you offer.

Do you need a realtor to buy a house in Massachusetts?

No statute requires every Massachusetts buyer to hire a buyer's agent. NAR's consumer FAQs state that whether to use a real estate professional is the buyer's choice, while also describing the services agents who are REALTORS® typically provide.

What did change after NAR's settlement practice changes (effective August 17, 2024, per NAR):

1. Written buyer agreements — If you work with an MLS Participant who is providing buyer-side brokerage services, you generally need a written agreement covering compensation before touring a home (in person or live virtual). NAR's FAQs spell out required compensation terms: a specific amount or rate (or how it is determined), objectively ascertainable compensation (not open-ended), a cap so the agent cannot collect more than agreed from any source, and a conspicuous statement that fees and commissions are fully negotiable and not set by law.
2. Offers of compensation off the MLS — Cooperative compensation can no longer be published on Multiple Listing Services. Offers of compensation may still be negotiated off-MLS if a seller chooses.

NAR also clarifies that the written agreement is not required merely for chatting with an agent at an open house or asking about services — and that when an MLS Participant is working only as the seller's agent or subagent (for example, hosting an open house for the seller), that Participant is not "working with" the buyer for purposes of the written-agreement trigger.

Read any buyer agency agreement or buyer broker agreement with the same care you would give a lease. Negotiate the term, the geography or listings covered, the services, and the fee. Signing one does not mean you "must" use that agent forever — the form you sign controls. If you do not want exclusive buyer representation yet, say so and get the relationship in writing before anyone tours houses with you.

Working with the listing agent when you are unrepresented

If you contact the listing agent directly — to schedule a showing, ask questions, or write an offer — remember who that licensee already represents.

Under 254 CMR 3.00(13)(a) and the Board's Mandatory Licensee-Consumer Relationship Disclosure, a Massachusetts broker or salesperson must give a prospective purchaser or seller a Board-approved notice of the relationship at the first personal meeting to discuss a specific property. The licensee must ask you to sign and date it; if you decline, they note that and keep the form. Open houses are different: individual written notices are not required for each attendee, but the agent must conspicuously disclose any pre-existing agency relationship by sign, poster, or listing literature.

On that form you will typically see roles such as:

• Seller's agent — represents the seller as a client; you are a customer, not their client.
• Buyer's agent — represents you as a client.
• Dual agent — represents both sides only with informed written consent; must stay neutral on conflicting interests and cannot fully satisfy the duties of loyalty, full disclosure, reasonable care, and obedience the way a single-sided agent can (confidentiality and accounting still apply). See 254 CMR 3.00(13)(b) and M.G.L. c. 112, § 87AAA¾.
• Designated agent — one affiliated licensee is appointed to represent you (or the seller) individually, with your written consent; other agents in the same firm may represent the other side; the appointing broker becomes a dual agent when both sides are designated in-house. See 254 CMR 3.00(13)(c) and M.G.L. c. 112, § 87AAA¾.
• Facilitator / non-agent — helps complete the transaction without representing either party as a client; still must present property honestly and disclose known material defects (254 CMR 3.00(13)(e); Mass.gov RE49R05).

Conflict of interest in plain English: a listing agent whose client is the seller is paid to get the seller's deal done. That person can answer factual questions and convey offers, but they are not your negotiator. Dual agency and designated agency are legal in Massachusetts with the required written consents — they are not the same as having a dedicated buyer's agent whose only client is you.

254 CMR 3.00(12) also says no broker or salesperson shall advise against the use of an attorney. If you are unrepresented on the brokerage side, a Massachusetts real estate attorney is often the professional who reviews forms, drafts contingencies, and negotiates the Purchase and Sale Agreement.

Massachusetts seller disclosure is limited — so you ask

Massachusetts does not hand buyers a statewide seller property-condition checklist that covers every defect the way some other states do. What the statutes and regulations do require in common residential deals are narrower, high-stakes notices — especially:

• Lead-paint transfer notification for pre-1978 housing (M.G.L. c. 111, § 197A; Mass.gov Property Transfer Lead Paint Notification) — see our lead paint buyer guide.
• Title 5 septic inspection timing rules when the property is on an on-site system (310 CMR 15.301) — see Title 5 before you offer.

Everything else — roof age, basement water, unpermitted work, neighbor disputes, condo politics — you generally uncover with records, inspections, and written questions. Trade-or-commerce actors can still face M.G.L. c. 93A claims for unfair or deceptive acts or practices; that is a consumer-protection statute, not a substitute for your own due diligence or for reading the Offer to Purchase.

If you are buying without a buyer's agent, build the question list yourself (or with your attorney) before the weekend offer deadline. Start with our statewide questions before making an offer checklist, then add the town-specific guides for Somerville, Cambridge, Brookline, and Arlington.

The attorney, the Offer to Purchase, and the Purchase and Sale Agreement

In Massachusetts practice, residential deals often use a short Offer to Purchase (OTP) first and a longer Purchase and Sale Agreement (P&S) later.

That sequence is not a free look. In McCarthy v. Tobin, 429 Mass. 84 (1999), the Supreme Judicial Court held that a signed OTP that names the property and price and states that it creates binding obligations can be an enforceable contract even before the P&S is signed. Details: Is an offer to purchase binding in Massachusetts?.

Practical split of roles when you have no buyer's agent:

| Step | Who usually helps | What to watch | | --- | --- | --- | | Touring / asking listing questions | You (and optionally a facilitator or limited-service broker under a written agreement) | Get the Mandatory Licensee-Consumer Relationship Disclosure; do not assume the listing agent represents you | | Writing and negotiating the OTP | Massachusetts real estate attorney (strongly recommended) | Binding language, deposit, contingencies, deadlines | | Inspections and document review | Inspectors + attorney | Contingency clocks start when the OTP is accepted | | Negotiating the P&S | Attorney | Often memorializes an already-binding deal; still negotiate riders carefully | | Closing | Attorney / closing professional | Title, municipal lien certificates, smoke/CO certificate, condo 6(d) |

Skipping a buyer's agent does not mean skipping counsel. 254 CMR 3.00(12) forbids licensees from advising against attorney use for a reason.

Lead paint, Title 5, smoke/CO, permits, and condo documents

These topics do not change because you are unrepresented. They are the catches that show up after a rushed Monday offer.

Lead paint (pre-1978)

Before you sign a purchase-and-sale agreement — and before related covered deals such as a lease with an option to purchase — sellers and involved agents must give the Property Transfer Lead Paint Notification package under M.G.L. c. 111, § 197A. Ask for it early — not the night before P&S. Full checklist: Massachusetts lead paint law for buyers.

Title 5 / septic

If the property uses an on-site sewage system, 310 CMR 15.301 and MassDEP's buyer/seller guide generally require a system inspection at or within two years before transfer of title (an inspection can remain valid for up to three years if yearly pumping records accompany the report; listed exceptions and special-transfer rules also apply). Confirm sewer vs. septic in writing before you bid. Guide: Title 5 septic before an offer.

Smoke and carbon monoxide certificates

Upon sale or transfer of a residential building or structure (with the statute's cross-references to other smoke-detector sections), M.G.L. c. 148, § 26F requires the seller to equip it with approved smoke detectors as provided in § 26E, enforced by the head of the fire department. M.G.L. c. 148, § 26F½ requires working approved carbon monoxide alarms in dwellings with fossil-fuel burning equipment or enclosed parking, and requires fire-department inspection for compliance upon sale or transfer. Ask whether the smoke/CO certificate is in hand or scheduled — and what deficiencies were noted on the last attempt.

Permits and unfinished work

Massachusetts does not replace your permit search with a single statewide “clean permit” affidavit in every deal. Before you offer, ask the listing agent in writing for known open permits, unresolved violations, or unfinished permitted work, and check the city or town building department for the address. Assessor cards and listing remarks are marketing and tax data — not proof of legal occupancy for a basement bedroom or attic loft.

Condo documents and special assessments

For condominiums, M.G.L. c. 183A, § 6(d) entitles you to a statement of unpaid common expenses assessed against the unit (often called the 6(d) statement / resale certificate) within ten business days of a written request. Ask for the broader packet early: master deed, budget, reserves, insurance, minutes, rules, and any special-assessment discussion. Deep dives: condo documents before you offer and condo special assessments.

Questions to ask before you offer (copy-paste)

Use this when you do not have a buyer's agent — or while you are still deciding on a buyer agency agreement. Send it to the listing agent, and send the attorney section to your Massachusetts real estate counsel.

To the listing agent / seller (get answers in writing)

1. Please confirm your agency relationship with me on the Massachusetts Mandatory Licensee-Consumer Relationship Disclosure for this property. Are you a seller's agent, dual agent, designated agent, or facilitator?
2. If dual agency or designated agency is possible, please provide the Board consent/notice forms before I submit an Offer to Purchase.
3. Please confirm bedrooms, bathrooms, living area, and parking against the assessor card, and explain any difference.
4. Are there open building permits, unresolved violations, or unfinished permitted work for this address?
5. Is the property on public sewer or a septic system? If septic, please provide the latest Title 5 inspection report and system sketch.
6. For pre-1978 homes: please provide the full Property Transfer Lead Paint Notification package and any lead inspection, risk assessment, Letter of Compliance, or Letter of Interim Control already in hand.
7. Has a smoke detector / carbon monoxide inspection been completed for this sale, and may I see the certificate or deficiency list?
8. For a condo: please provide the current budget, reserve information, master insurance declarations, recent meeting minutes, rules, any known or proposed special assessments, and a recent or draft § 6(d) unpaid common-expense statement.
9. Please list what appliances, fixtures, parking, storage, and exclusive-use areas convey.
10. Are you aware of basement water, roof leaks, oil-tank history, or boundary/easement disputes that a buyer should know about before offering?

To your Massachusetts real estate attorney

11. Please review this Offer to Purchase: does it create binding obligations under McCarthy v. Tobin, and which contingencies protect me through inspection, financing, appraisal, lead, Title 5, and condo-document review?
12. If I am signing a buyer agency agreement or buyer broker agreement with any broker, please review the term, exclusivity, compensation, and termination language before I tour homes under it.
13. Who will draft and negotiate the Purchase and Sale Agreement, and what deposit / escrow language should I insist on in the OTP?
14. For a condo: is the document-review window long enough to read the packet and still walk if the minutes show a pending special assessment?

To yourself (before Monday)

15. If I have no buyer's agent, who is lining up the home inspector, reviewing flood/tax records, and pushing for documents this weekend?
16. Which unanswered items are deal-breakers versus items I will carry only with a written contingency?

Missing evidence is not proof that the house is clean. It is a reason to ask, request a document, keep a contingency — or hire a buyer's agent and an attorney before you bid.

When a buyer's agent still makes sense

Go without a buyer's agent only if you have a realistic plan for showings, negotiation, and document chase — usually meaning an engaged Massachusetts real estate attorney and time to do public-record work yourself.

Consider hiring a buyer's agent (under a clear buyer agency agreement) if you need help finding off-radar listings, coordinating multiple tours, comparing bids in a weekend war, or pushing listing agents who ignore unrepresented buyers. That choice is compatible with using Fyts for the pre-offer question list either way. Fyts also works with agents as a channel; this article is not an argument against representation.

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Fyts is building a Massachusetts pre-offer catch list: the catches that could change your bid, copy-ready questions, and what evidence is still missing — whether or not you have a buyer's agent.

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