Notes from MAR’s Legal Hotline in June: Tips on handling lead paint

Below are Questions and Answers from the Massachusetts Legal Hotline attorneys, Michael McDonagh, Ashley Stolba, MAR Associate Counsel, and  Justin Davidson.

Q. I have heard conflicting advice as to how to fill out the Property Transfer Notification Certification. I know that fines for failure to complete this form correctly can be severe, so I want to make sure I do the right thing. If the seller has indicated that they have no knowledge of lead paint and no documents ((a)(ii) (b)(ii)), how does the purchaser acknowledge that information? Must they initial that they have received no documents (by initialing (d)) or should (d) only be initialed if the seller stated that they had provided the purchaser with all available records and reports (b(i)), but failed to provide them to the purchaser?

A: According to advice we have received from Massachusetts Department of Public Health, if the seller has no knowledge of lead paint and no documents, and the buyer has received the lead paint notification, the buyer should initial (d) and (e). Therefore, the relevant portions of the Certification should appear as follows in this situation:

Seller’s Disclosure
(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):
(i) Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).
_________________________
(ii) Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) Records and reports available to the seller (check (i) or (ii) below):
(i)______ Seller has provided the purchaser with all available records and reports pertaining to lead-based
paint and/or lead-based paint hazards in the housing (circle documents below).
Lead Inspection Report; Risk Assessment Report; Letter of Interim Control; Letter of Compliance
(ii) Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in
the housing.

Purchaser’s or Lessee Purchaser’s Acknowledgment (initial)
(c) _______ Purchaser or lessee purchaser has receive d copies of all documents circled above.
(d) __AS__ Purchaser or lessee purchaser has received no documents.
(e) __AS__ Purchaser or lessee purchaser has received the Property Transfer Lead Paint Notification.
(f) _______ Purchaser or lessee purchaser has (check (i) or (ii) below):
(i)______ received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or
(ii)______ waived the opportunity to conduct a risk assessment or inspection for the presence of lead- based paint and/or lead-based paint hazards.

2015-07-01T12:54:41+00:00

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