Massachusetts and federal law require that if a home was built prior to 1978, the owner must provide a disclosure of the presence of lead to prospective buyers and tenants. Massachusetts has a special brochure and certification form which meets the requirements of both state and federal law. The forms for homecoin customers can be found here:
- Sellers: https://homecoin.zendesk.com/guide-media/01HA0JECRCJ8DW0G368T2R426G
- Landlords: https://homecoin.zendesk.com/guide-media/01HA0JDSNZ87P3V5FA7P5PANSK
You can also find a completely blank version of the brochure and certification here.
Lead-Based Paint Disclosure
Sellers and landlords are obligated to comply with the law requiring disclosure of lead-based paint hazards. Before ratification of a contract for housing sale or lease, sellers and landlords must disclose any known information concerning potential lead-based paint hazards and available records, must provide purchasers and lessees with a lead hazard information pamphlet and must include specific language in the lease or contract related to lead. In addition, sellers must give buyers time to conduct an independent lead inspection.
Most private housing, public housing, federally-owned housing and housing receiving federal assistance built prior to 1978 are affected by this rule.
Further information is available here:
- https://www.mass.gov/info-details/property-transfer-lead-paint-notification
- https://www.epa.gov/lead/real-estate-disclosures-about-potential-lead-hazards
- https://www.hud.gov/program_offices/healthy_homes/enforcement/disclosure
The Building Permit was Issued (or Construction Started) Prior to Jan 1, 1978, but was Finished in 1978. Do I Need to Provide These Disclosures?
Yes.
The Building Permit is No Longer Available, but it was Issued Around 1977, Should I Provide These Disclosures?
Yes, we would recommend you complete them to be on the safe side.
What Happens If I Do Not Provide the Brochure/Certification Form?
Owners 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.
How Can I Get Any Other Massachusetts Disclosures?
We will provide you a copy of any Massachusetts disclosure form for free upon submitting a flat fee MLS listing through our website. We charge a one-time fee of $95 to list your home on the MLS.
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