Two sets of rules: federal and Massachusetts
Lead paint was banned in homes in 1978. Houses built before that can still have it, and it is a hazard when it chips or peels. Two laws cover a sale.
The federal rule is 42 USC 4852d, the Residential Lead-Based Paint Hazard Reduction Act, enforced by EPA and HUD. The Massachusetts rule is the Lead Law, MGL c.111 s.189A, with regulations at 105 CMR 460.00. Mass.gov says that under Massachusetts and federal law, owners and agents must give the Property Transfer Lead Paint Notification to a buyer before a pre-1978 home is purchased.
The state notice is the thing Massachusetts attorneys and agents attach to the offer packet. The federal pieces are built into it or added beside it.
What you must hand the buyer
Give these before the buyer signs a purchase and sale agreement (or a lease with an option to buy):
- The Property Transfer Lead Paint Notification, with the certification page signed by you and the buyer. The form is on Mass.gov.
- The EPA pamphlet "Protect Your Family From Lead in Your Home."
- A lead warning statement in the contract or an attachment, and a statement that you complied with the rule. EPA has sample seller disclosure forms.
- Every report you have: lead inspection reports, risk assessments, Letters of Compliance and Letters of Interim Control.
- Anything you know about lead paint or lead hazards in the house, such as where it is and what condition it is in.
Keep a signed copy. EPA says sellers and agents must keep the disclosure for three years after the sale. If you give documents by email, the buyer has to agree to electronic delivery.
The federal rule also gives the buyer a 10-day window to do a lead inspection or risk assessment, unless you both agree to a different period. Many Massachusetts buyers fold this into the home inspection contingency in the purchase and sale agreement.
The Massachusetts Lead Law and children under 6
The Lead Law is about who lives in the house, not who sells it. Mass.gov says it requires removal or covering of lead paint hazards in homes built before 1978 where any child under 6 lives. That applies to owners who live in their own single-family home as well as landlords.
Mass.gov tells sellers to warn buyers that, if a child under 6 will live or continue to live in a pre-1978 home, the owner must have it either deleaded or brought into Interim Control within 90 days of taking title. So this duty mostly lands on the buyer after closing. It can be a big deal for a family with a toddler buying an older house.
| Path | Who does the work | Result |
|---|---|---|
| Full de-leading | A licensed lead inspector tests; trained, licensed deleaders do the work; inspector re-inspects | Letter of Full Compliance |
| Interim Control | A licensed risk assessor sets the work; an approved contractor fixes urgent hazards | Letter of Interim Control, then up to 2 years to reach full compliance |
Mass.gov also notes that financial help is available for the work through tax credits, grants and loans. We did not find a standard price for de-leading, and costs depend on windows, trim and paint condition, so get quotes if this applies.
What the federal rule does not cover
EPA lists these exceptions to the federal disclosure rule: zero-bedroom units such as lofts and studios (unless a child under 6 lives there), leases of 100 days or less, housing for the elderly or disabled (unless a child under 6 lives there), housing tested by a certified inspector and found free of lead-based paint, foreclosure sales, and housing built after 1977.
A house built after 1977 does not trigger the notice. If you do not know the build year, check the town assessor's record or the deed history. If you are close to the line, treat it as pre-1978 and give the notice.
What happens if you skip it
The federal statute says a person who knowingly violates the section faces civil money penalties, and is liable to the buyer for three times the buyer's damages. Mass.gov says failing the state notice is subject to civil penalty under Massachusetts law, and the federal side can add criminal penalties.
The practical risks are cheaper to avoid than to fix. The deal can stall if the notice comes late, the buyer can claim they were not told, and real estate agents are also responsible along with the seller. Hand the paperwork over early, with the first offer.
Not sure whether your house has lead? Mass.gov posts lead inspection histories for homes. Ask your agent or attorney to check before you list.
Seller checklist
- Confirm the year built. If it is 1977 or earlier, the notice applies.
- Find any old inspection, risk assessment or Letter of Compliance from the previous owner or your own records.
- Download the Property Transfer Lead Paint Notification and the EPA pamphlet.
- Give both to every serious buyer before they sign, and keep a signed copy for three years.
- Pair this with your smoke and CO certificate and, if the house has septic, a Title 5 inspection.
- Ask your attorney how the contract handles the buyer's lead inspection window.
This is general information, not legal advice. If a child under 6 will live in the house, or you do not know the home's lead history, ask your attorney.