Massachusetts lead paint law: what buyers need to know

Massachusetts lead paint law: what buyers need to know

Every house has a catch. In Massachusetts, for homes built before 1978, that catch is often lead paint — and the Lead Law does not wait until after you move in to matter.

Sellers and agents must notify you before you sign a purchase-and-sale agreement. If a child under 6 will live in the home, you may have a 90-day duty after taking title to delead or bring the home under interim control. Treat lead as a pre-offer item, not a closing surprise.

This is general information, not legal advice. Talk to a Massachusetts real estate attorney about your situation.

Who this applies to

Massachusetts and federal notification rules apply when a prospective buyer (or tenant with an option to buy) is purchasing a home built before 1978. The Childhood Lead Poisoning Prevention Program (CLPPP) Property Transfer Lead Paint Notification is the standard package sellers and real estate agents must use.

Confirm the year built from the assessor, listing, and deed history. If it is 1977 or earlier — or the year is unclear — demand the full notification package.

What you must receive before the P&S

Under M.G.L. c.111 §197A and Mass.gov's Property Transfer Lead Paint Notification page, before signing a purchase-and-sale agreement (or a lease with option to purchase, or a foreclosure memorandum of agreement), the seller and any real estate agent involved must:

1. Give you the full Property Transfer Lead Paint Notification (do not accept a shrunk or incomplete copy).
2. Disclose known information about lead in the home.
3. Provide copies of any lead inspection reports, risk assessments, Letters of Compliance, or Letters of Interim Control they have.
4. Tell you that if a child under 6 will live (or continue to live) in a pre-1978 home, the owner must have the home deleaded or brought under Interim Control within 90 days of taking title.
5. Complete the certification checklist with you so both sides document that notification happened.

Sellers/agents should also check the state's Lead Safe Homes databases. If they have no records and find none there, they must mark that on the certification form.

Keep your signed certification and all attached reports. Sellers/agents must retain records for at least three years; you should keep yours for the life of your ownership.

The 10-day lead inspection window

After you receive the notification, you have at least 10 days (or longer if the parties agree) to conduct a lead inspection if you choose — except in foreclosure sales, where that window does not apply the same way.

A lead inspection before sale is not required by law, but CLPPP strongly recommends it. Only licensed lead inspectors may perform these inspections. Lists are available through CLPPP / mass.gov.

Build the 10-day (or longer) window into your offer or P&S with a clear lead-inspection contingency: who pays, what happens if lead hazards are found, and whether you can cancel or renegotiate. Do not waive this casually on a pre-1978 home where young children will live.

The 90-day owner duty (M.G.L. c.111 §197)

Whenever a child under 6 resides in premises with dangerous levels of lead in paint, plaster, or other accessible structural material, the owner must abate or contain those hazards.

When ownership changes and, as a result, a child under 6 will become or continue to be a resident, the new owner generally has 90 days from taking title to contain or abate as required so the premises comply with the Lead Law — subject to the statute's detailed rules on interim control and full compliance (and limited exceptions such as those for certain secured lenders under related sections).

Two compliance paths matter in plain English:

• Letter of Interim Control — temporary measures under an emergency lead management plan, issued by a licensed inspector. Valid up to one year, renewable once (maximum two years of interim control). Urgent hazards (peeling paint, lead dust, certain structural defects) get addressed while full compliance remains the goal.
• Letter of Full Compliance — licensed inspector certifies the premises meet full abatement/containment standards under §197(c).

Repainting with non-lead paint without proper containment or abatement is not compliance. Deleading work has strict rules on who may perform it, when occupants must leave, and how cleanup is verified. Pregnant women and children under 6 are not permitted to occupy a dwelling unit during deleading activities under the statute's occupancy rules.

If you plan to rent the home later, lead duties and tenant notification rules also apply — buying "as an investment" does not erase the Lead Law.

Check Lead Safe Homes before you offer

CLPPP maintains public lead-history tools:

• Lead Safe Homes 2.0 — inspection reports and compliance documents.
• Lead Safe Homes 1.0 — property lead history (may not include document images).

Search by town and street before you write an offer. If documents are missing online, CLPPP advises contacting the inspector who issued them, or calling CLPPP.

A clean database hit (Letter of Compliance on file) is useful — but still verify date, scope (unit vs common areas), and whether conditions have changed (renovations, peeling paint). An empty search is not a clean bill of health; it may mean "no records found."

Penalties for skipped notification (context for buyers)

Owners who fail to comply with §197A notification can be liable for damages caused by the failure and a civil penalty of up to $1,000 under state law. Violations by someone in trade or commerce can also be an unfair/deceptive act under c.93A. Federal penalties may also apply. Those are enforcement tools against non-compliant sellers/agents — they do not automatically fix a bad purchase. Your protection is getting the package, inspecting when needed, and writing contingencies before you are bound.

Questions to ask before you offer (copy-paste)

1. What is the year built for this property? Please confirm assessor year and any known renovations that disturbed paint.
2. Please provide the complete Property Transfer Lead Paint Notification and Certification Form before we sign a P&S.
3. Please disclose all known lead information and attach every lead inspection, risk assessment, Letter of Compliance, and Letter of Interim Control you have.
4. Have you searched Lead Safe Homes 1.0 and 2.0 for this address? Please share what you found (or confirm no records).
5. Will any child under 6 live in this home after closing? If yes, what is the plan and timeline for interim control or full compliance within 90 days of title?
6. We request at least a 10-day lead inspection contingency (or longer as agreed) with a licensed inspector of our choosing.
7. Who pays for the lead inspection and any follow-up risk assessment?
8. Are there any open deleading orders, failed clearances, or pending CLPPP / local board actions?
9. For multi-families or condos: do Letters of Compliance cover this unit, common areas, and exterior surfaces we will use?
10. If we will rent any unit, what tenant lead notifications and compliance letters will transfer with the property?

How to use this in a short offer window

Greater Boston often moves fast. Lead work still fits in a short window:

• Day 0: confirm pre-1978; pull Lead Safe Homes; request the notification package in writing.
• Offer: keep a lead contingency and do not treat "seller says it's fine" as evidence.
• After accepted offer / before P&S deadline: schedule a licensed lead inspector inside your 10+ day window.
• Before closing: know whether you are walking into a 90-day compliance clock.

Pair lead with Title 5 (if septic), condo documents (if condo), and a real home inspection. Lead law is about health and legal duty, not a substitute for structural inspection.

CLPPP phone (from Mass.gov): (800) 532-9571 or (617) 624-5757.

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