A buyer named Patricia is under contract to purchase a home in Lowell built in 1962. She has two children, ages four and eight. The seller has provided the required Property Transfer Notification Certification. After closing, which of the following statements correctly describes the legal situation under Massachusetts law?
Correct Answer
D) Patricia, as the new owner with a child under six residing in the property, is now legally required to de-lead or apply interim controls
Under MGL Chapter 111, Section 197, once Patricia takes ownership and a child under six (her four-year-old) resides in the pre-1978 property, she as the owner becomes legally obligated to de-lead or apply interim controls. The seller's provision of the PTNC satisfies the transfer disclosure requirement, but it does not extinguish the ongoing owner obligation triggered by a child under six residing in the home.
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Related Topics & Key Terms
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Related Concepts
A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.
Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.
Radon disclosure involves informing buyers about the presence or potential presence of radon gas in a property. Radon is a naturally occurring radioactive gas that can accumulate in buildings and is the second leading cause of lung cancer.
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