Paint containing lead may have been used in homes built prior to 1978. Because there are hazards associated with lead paint (see below) the state of Massachusetts requires that a Lead Paint Notification Form be presented to Buyers from the Seller. The notification is to inform you of the potential hazards and make you aware of any knowledge the Seller has in regards to lead paint. The Seller is not required to test or de-lead a property just inform you. Buyers with children under the age of 6 may choose to do a lead paint test during their inspection period, your Buyer Agent can help counsel you on the process.
Information found on the MA state website:
Property Transfer Lead Paint Notification, Property Transfer Certification Form
Under Massachusetts and federal law, owners and real estate agents must comply with Property Transfer Lead Paint Notification requirements when a prospective buyer or tenant with an option to buy is about to purchase a home built before 1978.
The aim of this requirement is to inform prospective buyers about:
- The danger lead paint poses to children and adults
- Lead poisoning prevention steps
- The requirements of the Lead Law
To comply with both state and federal requirements, sellers and real estate agents must provide the Property Transfer Lead Paint Notification to a prospective buyer before signing a purchase and sale agreement, a lease with an option to purchase, or a memorandum of agreement used in foreclosure sales. In addition, they must:
- Provide a copy of any lead inspection report, risk assessment report, Letter of Compliance, or Letter of Interim Control.
- Tell the buyer anything they know about lead in the home.
- Tell the buyer that, under the Lead Law, a new owner of a home built before 1978 in which a child under six will live or continue to live must have the home either deleaded or brought into Interim Control within 90 days of taking the title.
- Sign, and have the buyer sign, the certification page of the Property Transfer Lead Paint Notification, which contains a checklist to ensure that the buyer has been fully notified of the requirements of the Lead Law.
Sellers or real estate agents who fail to comply with Property Transfer Lead Paint Notification requirements are subject to civil penalty under Massachusetts law, and both civil and criminal penalties under federal law.