Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 460.000 - Lead Poisoning Prevention And Control
INITIAL INSPECTION, REINSPECTION, AND ENFORCEMENT PROCEDURES
Section 460.720 - Property Transfer Lead Notification and Disclosure

Universal Citation: 105 CMR 460.000 MA Code of Regs 460.720

Current through Register 1531, September 27, 2024

(A) Prior to the signing of a purchase and sale agreement or lease with an option to purchase, all persons selling or leasing with an option to purchase any residential premises constructed prior to 1978 shall provide a copy of the property transfer notification issued by the Director to the prospective purchaser or lessee-prospective purchaser. In addition, at this time, the seller or lessor-prospective seller shall provide to the prospective purchaser or lessee-prospective purchaser all information and documentation about lead hazards known to the seller, lessor-prospective seller or real estate agent, including but not limited to:

(1) Whether or not the residential premises or any dwelling units therein have been certified in compliance with 105 CMR 460.750(A)(1) and 460.760(D)(2), or 460.105(D)(2), and a copy of any Letter of Full Compliance or Letter of Interim Control which was issued.

(2) If the residential premises or dwelling units therein have been inspected for lead hazards or other violations of 105 CMR 460.000, or if there has been a risk assessment performed, copies of any lead determination, inspection, risk assessment, or post compliance assessment reports concerning the residential premises or any dwelling units therein; and

(3) Incidents of any past or present reported cases of lead poisoning in occupants, but without disclosure of the individual's name.

(B) The prospective purchaser or lessee-prospective purchaser shall be informed by the seller or lessor-prospective seller of residential premises constructed prior to 1978 and any real estate agent involved in such sale about the availability of inspections for dangerous levels of lead.

(1) Should the prospective purchaser or lessee-prospective purchaser choose to have an inspection performed, the seller or lessor-prospective seller shall afford the prospective purchaser or lessee-prospective purchaser a period of ten days or such longer time as the seller and the prospective purchaser or lessor-prospective seller and lessee-prospective purchaser may agree to have such inspection performed, either through a lead inspection contingency clause in the purchase and sale agreement or otherwise. If a lead inspection is performed, the prospective purchaser or lessee-prospective purchaser shall provide a copy of the inspection report to the seller.

(2) In circumstances where the sale will occur as a result of a foreclosure proceeding, the seller shall provide each potential purchaser with notification as required in 105 CMR 460.720(A) and shall obtain from each prospective purchaser a signed, written acknowledgment that the potential purchaser understands that he or she will not have the opportunity to have a lead inspection conducted prior to the sale.

(C) If any real estate agent involved in the sale or lease with an option to purchase has provided the prospective purchaser or lessee-prospective purchaser with the required information and materials, said agent shall verbally inform the prospective purchaser or lessee-prospective purchaser of the possible presence of dangerous levels of lead and the provisions of the lead law and regulations, including the purchaser's responsibility to bring the property into compliance with M.G.L. c. 111, § 197, and 105 CMR 460.105 and 460.110, as applicable if a child younger than six years old resides or will reside therein. In addition, said agent shall obtain the prospective purchaser's or lessee-prospective purchaser's certification in the form of a signed, written acknowledgement by the prospective purchaser or lessee-prospective purchaser that he or she has been so notified prior to the signing of the purchase and sale agreement or lease with an option to purchase. If a real estate agent has provided the prospective purchaser or lessee-prospective purchaser with the required information and materials, but the prospective purchaser or lessee-prospective purchaser refuses to sign a written acknowledgement, the agent may attach to the purchase and sale agreement or lease with an option to purchase a statement that the agent has duly notified the prospective purchaser or lessee-prospective purchaser, but the prospective purchaser or lessee-prospective purchaser refused to sign a written acknowledgement.

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