--173.48.xxx.xxx

Sounds like typical Massachusetts bureaucracy to me.!!!! --173.48.xxx.xxx

To cover your butt have it tested. --174.212.x.xx

I would tell the seller to retest it,if he is so sure it was tested and passed it should be no big deal.If he gets huffy and refuses good chance he is lying to you --72.231.xxx.xxx

The seller wanted to drop my offer and sell to someone else. But my findings were provided to the sellers realtor and therefore they would have to disclose this to all buyers. So the seller counted my offer and I accepted the property for less. My investment for testing was well worth the price. --47.156.xx.xx

Robert, I have run across this in deals before, but the sellers realtor just shrugs and says, "yeah ... sure." How is this actually enforceable since there's not any central database of private home inspection results? --199.247.xx.xx

The seller has to provide a lead disclosure to you as part of the sale process. If he wants to claim on the form that the property was deleaded, than he has to provide the documentation to support this claim. Have you checked the Mass deleaded properties database? You can search by address to find deleaded homes. Does he remember who performed the deleading? Perhaps the company is still around and has records? If no records exist, you could have the property retested during your home inspection period. --24.147.xx.xxx

FYI "long ago lost his own records - is willing to sign a statement statlng that it was truly " deleaded in June of 1980." isn't worth anything. --96.237.xx.xx

lead paint deleading regulations .... just another scam by govt, shifting the burden from the paint companies and builders responsible to the owner or LL holding the bag --199.247.xx.xx

It wouldn't surprise me that there is no documentation from the 1980s … nothing was computerized and housed electronically then. --69.201.xx.xxx

I’m also curious how he handled lead disclosures to tenants. I know he could sign off that there were no known lead hazards and he didn’t have reports, but if there was a child under 6 at any point there was an obligation to provide reports to prove there was no lead. Of course if there really is no lead ( and he knew that) he possibly didn’t care about the absence of reports because he can’t get sued for lead that isn’t there. The paperwork matters if there are existing tenants when you buy it. --71.10.xxx.xxx

--47.156.xx.xx

Do old ceilings with presumed lead have to be tested? --173.48.xxx.xxx

I had a client want to sell a property but the buyers questioned if the ceilings had asbestos. So I dragged along my microscope and special lens and tested the ceiling in front of the owner. They asked me, "What did you find"? I had told them if there was no asbestos I would tell them. If I was quit and non-responsive, read between the lines. Not knowing means you don't have to disclose. But my client demanded an answer, so I gave it to her. Now she had to disclose and got an offer $15,000 less due to the necessary removal. Instead of 1M she got only $985,000. Poor seller. --47.156.xx.xx

Seller does not have to have it tested to sell. It’s a bad idea for him to do that. If there is lead present he has to disclose it and it will affect the value and asking price. If there are existing tenants it could even get him big fines or a lawsuit. I don’t think that INTACT ceilings would be tested because they are not “ mouthable/ accessible” to children and I think there is a height limit also ( 3 ft?). --71.10.xxx.xxx

So real estate transactions in MA now need to have a signed lead disclosure, same one that a tenant signs when you rent an apartment. I would make an offer and if its accepted have the property tested. If it tests positive seller would need to disclose that to any future buyer. You would just renegotiate the selling price to remediate the lead. --68.186.xxx.xxx

The signed lead disclosures for house sales have been around for more than 15 years. It's nothing new. --38.142.xxx.xxx

We realize the significant value a lead certificate adds to a multi - family property because they are usually always rentals. We paid the $1000 to get it for a flip house we sold a few year ago. The buyers didn’t care because they were extended family all living together and didn’t need it. On the next multi - family flip we knew there was no lead, we did not spend the $1000.00 to get it tested. But....WE ADVERTISED THAT WE WOULD GET THE LEAD CERTIFICATE IF REQUESTED. The buyers on that were also extended family that were living together and didn’t need the lead certificate. Perhaps this buyer is thinking similarly? --174.199.xx.xx

*meant to say: perhaps this seller is thinking similarly. --174.199.xx.xx