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Mandated DisclosuresLead_paint_disclosure_and_deleadingMEDIUM

Agent Carlos is listing a 1971 colonial home in Newton. His seller client tells him that the home was fully de-leaded ten years ago and asks whether they still need to provide the Property Transfer Notification Certification to buyers. What is the correct answer under Massachusetts law?

Correct Answer

C) Yes, the PTNC is required for all pre-1978 residential property transfers regardless of prior de-leading status

Under MGL Chapter 111, Section 197, the Property Transfer Notification Certification is required for ALL transfers of pre-1978 residential properties in Massachusetts. The prior de-leading of the property and any previously issued Letter of Compliance do not eliminate the obligation to provide the PTNC at the time of a new transfer.

Answer Options
A
No, because the property has already been de-leaded and a Letter of Compliance was previously issued
B
No, because the de-leading was completed more than five years ago and the obligation has expired
C
Yes, the PTNC is required for all pre-1978 residential property transfers regardless of prior de-leading status
D
Yes, but only if the buyer has children under six who will be residing in the property

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Related Topics & Key Terms

Key Terms:

lead_paintPTNCpre_1978letter_of_complianceseller_obligation

Related Concepts

The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."

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