What is the Lead Paint Form?
Charles Cherney
Passionate about teaching after graduating from Harvard, I ultimately found myself drawn into the world of real estate in Cambridge and Somerville...
Passionate about teaching after graduating from Harvard, I ultimately found myself drawn into the world of real estate in Cambridge and Somerville...
What is the Lead Paint Form?
In a residential real estate transaction in Massachusetts, the lead paint form – formerly known as the Property Transfer Certification – is a form about lead paint. The form is employed when the property was built before 1978. The form itself is shown below.
Whenever an owner of a home in Massachusetts built before 1978 sells, the seller must provide the prospective buyer (typically via the listing agent) the following:
1) The “Property Transfer Notification Certification” – that is, the lead paint form (see below)
and
2) The Department of Public Health booklet entitled “Childhood Lead Poisoning Prevention Program ‘CLPPP’ Property Transfer Lead Paint Notification.”
On his Massachusetts Real Estate Law blog, real estate attorney Richard Vetstein has written an excellent blog post about the lead paint law disclosure requirements.
So, to restate, a prospective buyer ought to receive the Property Transfer (Lead Paint) Form properly filled out and signed by the seller and listing agent, as well as a copy of the lead paint booklet BEFORE making an offer on the property.
Both the buyer and buyer's real estate agent will be involved in completing the Property Transfer (Lead Paint) Form received from the seller via the listing agent, with both buyer and buyer's agent signing and initialing where appropriate.
Real estate agents must also tell prospective purchasers that under the state lead law, a new owner of a home built before 1978 in which a child under the age of six will live or continue to live must have the home either de-leaded or brought under Interim Control within 90 days of taking title.
The Property Transfer (Lead Paint) Form affords the buyer the opportunity to receive or waive the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.
A buyer is advised to visit www.mass.gov/dph/clppp (then click on "Database of Lead Inspections for Homes in Massachusetts") to determine if there has been a previous lead paint inspection of the property recorded by the Massachusetts Lead Paint Database.
