What you must do as the seller
- Give the buyer the Property Transfer Lead Paint Notification, signed by you and the buyer, before the buyer signs a purchase and sale agreement.
- Give the federal EPA pamphlet and lead warning statement, and any lead inspection reports, Letters of Compliance or Letters of Interim Control you have. Tell the buyer anything you know about lead in the building.
- Keep a signed copy of the disclosures. EPA says to keep it for three years after the sale.
The full list, with penalties, is in lead paint disclosure when you sell a pre-1978 house.
The Lead Law and children under 6
The Lead Law requires removal or covering of lead paint hazards in homes built before 1978 where a child under 6 lives, and it applies to owners of rental property as well as owners who live in their own home. There are two ways to meet it:
| Path | Who does the work | Result |
|---|---|---|
| Full deleading | A licensed inspector tests; licensed deleaders do the work; the inspector re-inspects | Letter of Full Compliance |
| Interim Control | A licensed risk assessor sets the work and checks it | Letter of Interim Control (one year, renewable once), up to 2 years in all to reach full compliance |
On a sale, MGL c.111 s.197 gives a new owner 90 days to contain or abate lead hazards when a child under 6 will live in the home after the change of ownership. In a three-family that can mean any unit with a young child.
Tenants and lead
The state says you cannot evict or refuse to rent to anyone because of lead paint (Mass.gov). If a unit with a child under 6 has no Letter of Compliance or Interim Control, the owner has a duty; talk to an attorney before the sale, not after.
What it costs and who helps pay
Costs depend on windows, trim, porches and paint condition, so get written quotes: deleading cost, who pays and help paying.
MassHousing's Get the Lead Out program offers low-cost financing for lead work, including one- to four-family homes; check its income and eligibility rules. Some cities also run grant programs; see our city pages for Worcester, Springfield, New Bedford and Somerville. Some of these come with strings that matter at a sale; read the terms.
Fix first, or sell as-is?
Most owners who sell an older building do not delead first; the buyer prices the work in. Doing it first can help if a young child lives in a unit now, or if the work is cheap compared with the price drop buyers ask for. Get quotes for both and compare with the net proceeds calculator, which has a field for lead work you agree to pay.