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Ask Charles Cherney - Question #32 - What is the Property Transfer (Lead Paint) Form?

What is the Property Transfer (Lead Paint) Form?

In a residential real estate transaction in Massachusetts,  the Property Transfer Form is a form about lead paint.
The form is employed when the property was built before 1978.

The form itself is shown above. Formally known as the "Property Transfer Notification Certification", the form is informally known as the Lead Paint Form. Whenever an owner of a home in Massachusetts built before 1978 sells, the seller must provide (typically via the listing agent) the following:
1) the “Property Transfer Notification Certification” - that is, the Property Transfer (Lead Paint) Form
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. 

A 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 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 (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.

Remember, if you are interested in pursuing a property that was built before 1978, you are to read the lead paint booklet and receive, review and complete the Property Transfer (Lead Paint) Form for the property presented by the seller, usually via the listing agent.

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