By: The Massachusetts Association of REALTORS® Legal Team

Q: What is UAD 3.6, and how does it affect REALTORS? 

A: UAD 3.6 modernizes the appraisal process by collecting more data in a uniform manner and improving the readability of appraisal reports. All appraisal report forms will be replaced with a single data-driven structure for appraisal reporting. It's important to inform your clients that this new appraisal process is effective November 2, 2026, and it may extend the loan approval and closing timelines. Each transaction will vary, so encourage clients to speak with their lender to determine the appropriate number of days needed for contingencies and closing. Fannie Mae and Freddie Mac did announce that they will allow lenders to request an extension for implementing UAD 3.6. Lenders that request this exception may continue to use UAD 2.6 appraisal reports until May 19, 2027, while they transition to UAD 3.6.

Q: My client's tenant noticed peeling and chipping paint in their unit and requested a lead inspection. The tenant does not have any children under 6. Is my landlord client required to arrange an inspection

A: Unfortunately, the answer is no. While all tenants deserve to live in a safe and healthy environment, the Massachusetts Lead Law specifically aims to protect children from lead poisoning. This law requires homeowners and landlords to ensure their properties are lead-safe when a child under the age of 6 resides there. Although a tenant without children under 6 still has the right to request an inspection, the landlord is not legally obligated to cover the costs of an inspection or remediation. If the landlord chooses not to arrange for a licensed lead inspector to evaluate the apartment, the tenant may decide to hire one at their own expense. However, under the State Sanitary Code, landlords must provide tenants with habitable living conditions, which do not include peeling, chipping, or flaking paint. To comply with the Code, the landlord must address these lead paint hazards.

Q: My seller believes there is a ghost in his house. Does he need to disclose that? What are my responsibilities as the listing agent?

A: Neither the seller nor the listing agent must disclose that the seller believes the house is haunted. Under M.G.L. c. 93, § 114, a property’s actual or suspected psychological impact is not a material fact requiring disclosure. This includes an alleged “parapsychological or supernatural phenomenon.” The statute protects both sellers and listing agents from liability for failing to disclose a “haunted house.” However, neither may lie or make a misleading factual statement. If a buyer specifically asks whether the seller believes the house is haunted or the seller has experienced any paranormal activity, the response must be truthful. Massachusetts’ law confirms that sellers and listing agents cannot withhold the seller’s suspicions when asked about ghosts or paranormal activity.

Services provided through the Massachusetts Association of REALTORS® is intended for informational purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. The Massachusetts Association of REALTORS®, by providing this service, assumes no actual or implied responsibility for any improper use of responses to questions through this service. The Massachusetts Association of REALTORS® will not be legally responsible for any potential misrepresentations or errors made by providing this service. For more information regarding these topics authorized callers should contact the MAR legal hotline at 800-370-5342 or e-mail at legal@marealtor.com.

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