A condominium unit in a building originally constructed in 1970 is being sold. The unit was completely renovated in 2015, and the seller claims all surfaces were replaced. The buyer has a three-year-old child who will live in the unit. Which of the following most accurately describes the Massachusetts lead paint obligations in this transaction?
Correct Answer
D) The PTNC is required based on the original construction date of the building, and the buyer as new owner will be obligated to de-lead or apply interim controls if lead hazards are found
Under MGL Chapter 111, Section 197, the PTNC requirement is based on the original construction date of the building (1970), not the date of renovation. Even if surfaces were replaced, the PTNC must be provided. Additionally, because the buyer's three-year-old child will reside in the property, the buyer as new owner will be obligated to de-lead or apply interim controls if lead paint hazards are present, since the renovation claim does not automatically guarantee a lead-free environment.
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