A buyer purchases a pre-1978 home in Brookline. At closing, the seller provides a fully executed Property Transfer Notification Certification. Six months after closing, the buyer's sister moves in with her five-year-old son. The buyer has not conducted any lead inspection or de-leading. Which of the following most accurately describes the buyer's obligations under Massachusetts law?
Correct Answer
D) The buyer's obligation to de-lead or apply interim controls is now triggered because a child under six resides in the pre-1978 property, regardless of when that child moved in
Under MGL Chapter 111, Section 197, the mandatory de-leading or interim controls obligation is triggered whenever a child under six RESIDES in a pre-1978 property, regardless of the owner's relationship to the child or when the child moved in. The obligation is ongoing and attaches to the property owner as long as a child under six lives in the home. The PTNC satisfied the transfer disclosure requirement but does not extinguish this continuing owner obligation.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Violating fair housing laws can lead to significant penalties, including fines, civil liability, and professional discipline.
Death on property disclosure addresses whether sellers must inform buyers about deaths that occurred on the property, including natural deaths, suicides, and murders. Requirements vary significantly by state.
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