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Massachusetts Lead Paint Laws

With more and more residential property being advertised as “For Sale By Owner” (“FSBO”), it is important for both buyers and sellers to understand lead paint disclosure requirements. The Massachusetts Lead Poisoning Prevention Act requires owners of residential premises that have paint, plaster, soil and other accessible materials containing dangerous levels of lead to have these materials removed or adequately concealed if children under age six will live there. sellers of residential premises built before 1978 must notify all prospective purchasers about the dangers of lead poisoning using the Department of Public Health's (DPH) Childhood Lead Poisoning Prevention Program Lead Paint form, as further discussed below.

Real Estate Offer Massachusetts

The Massachusetts Real Estate Offer to Purchase is normally only a one to two page document. While it may appear relatively straight forward, this is simply not the case and considerable litigation has occurred over it throughout the years. Because significant liability can result in a real estate transaction by simply signing the Offer to Purchase, the buyer and the seller should retain a real estate attorney as soon as possible.

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