What is an example of a material defect that must be disclosed?

A material defect refers to a problem with a property that could significantly affect its value, desirability, or usability, and thus must be disclosed to potential buyers under Massachusetts law. Foundation damage is a crucial example of a material defect because it can pose serious structural risks and implications for the integrity of the entire building.

Identifying and disclosing foundation issues is vital for prospective buyers, as they can lead to costly repairs and safety concerns. This obligation to disclose ensures that buyers can make informed decisions based on the actual condition of the property.

In contrast, aesthetic issues are subjective and do not impact the property's functionality or safety, which is why they are generally not considered material defects. Similarly, information about appliances included in the sale or details about recent renovations does not pertain to inherent defects in the property but rather to its amenities and recent updates, which do not warrant the same level of disclosure.