Lead Paint Form to be Required at Listing Input Starting July 1

The CCIMLS Board of Directors voted unanimously this month to require the ‘Property Transfer Lead Paint Notification’ form to be uploaded and available in the MLS prior to a listing being Active for homes built prior to 1978. This change will apply to all residential or multi-family listings submitted July 1 or later.

Background

Under both Massachusetts and federal law, a ‘Property Transfer Lead Paint Notification' form is required to be provided to a prospective purchaser PRIOR TO an offer being made on a home built prior to 1978.

Failure to properly provide the lead paint disclosure form can lead to substantial financial penalties for agents and brokers. There have been cases in Massachusetts where during routine inspections brokerages were fined tens of thousands of dollars for their failure to provide the form within the required timeframe.

Note: The 'Property Transfer Lead Paint Notification' form is required to be provided at the acceptance of a ‘Contract to Purchase Real Estate’ (the offer), which is a binding contract.

Why This Change is Being Made

The MLS exists to facilitate cooperation; therefore, the Board believes that all necessary documents to make an offer should be available in the MLS upon making a listing Active so that buyer agents have all the necessary information to present to their client.

We suggest having the ‘Property Transfer Lead Paint Notification’ form signed when getting the listing agreement signed.

Buyer agents should be returning the lead paint disclosure when submitting an offer on the property.

Opt Out

If a property is not subject to federal and state laws regarding the mandatory lead paint disclosure, the mandatory submission is not required.

If an owner who is subject to the mandatory disclosure does not want to disseminate the completed disclosure form through the MLS, the owner may waive that requirement by submitting the following form.

More Information