Property Transfer Lead Paint Notification

Homes built before 1978 may contain lead. Learn about the what property sellers and real estate agents are required to disclose to prospective buyers.

About the Property Transfer Lead Paint Notification

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 rule 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

What sellers and real estate agents need to do

To follow both state and federal requirements, you 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
  • A memorandum of agreement used in foreclosure sales

In addition, you must also:

  • Provide a copy of any:
    • Lead inspection report(s)
    • Risk assessment report(s)
    • Letter(s) of Compliance
    • Letter(s) of Interim Control
  • Tell the buyer anything known about lead in the home
  • Tell the buyer that, under the Lead Law, if a child under 6 will live or continue to live in a home built before 1978, the owner 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.
  • CLPPP posts lead inspection histories¬†for homes on our Lead Safe Homes

Additional Resources for What sellers and real estate agents need to do

Failure to comply with the notification

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.

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