Massachusetts Real Estate Law

[Guest guest]

Nature of Seller's Duties to Condition of the Property

Every seller has the duty to respond fully and accurately to any request for

information about a property. This is true whether the information is requested

directly by a prospective buyer or by a real estate agent who, in turn, may pass

along the information to a prospective buyer. Answers that are misleading or are

half-truths are improper. If a seller is unsure of information, the seller

should not guess, but should qualify his answer. Otherwise, the buyer may be

misled. Sellers may be required to provide information about the presence of

lead paint or urea formaldehyde foam insulation, where applicable.

Condition of Property

A buyer may wish to employ a professional home inspector, lead paint inspector,

termite/pest inspector, sewage/septic system inspector, engineer or other expert

of his choice to evaluate the property as a condition of an offer. Massachusetts

law does not automatically give buyers the right to a home inspection. If the

buyer desires that the obligation to purchase be contingent upon an inspection,

the buyer should include an inspection contingency in any offer. The buyer may

also wish to check public records to verify information concerning taxes or

assessed value, zoning and history of work performed.

Lead Paint, Hazardous Or Toxic Materials

In purchasing any property the buyer may wish to conduct special tests to

determine the presence of toxic or hazardous materials. These include lead

paint, radon, airborne asbestos, urea formaldehyde foam insulation ( " UFFI " ),

oil spillage etc. Information from the Department of Public Health will be

supplied to you concerning lead paint and UFFI, where applicable. For residences

built before 1978 Massachusetts and federal law provide that buyers be given the

right to take up to ten (10) days to inspect a property for the presence of lead

paint. This right may be waived. High levels of lead may result in brain damage

or other serious injuries to children. Massachusetts law does not prohibit the

sale of properties containing lead point or other potentially hazardous

substances

My reading of the Law, I'm not a Lawyer, says that both of the homes in

Sturbridge that I have oulined must have the seller tell the buyer of the

physical conditions of the property. Under the Massachusetts Health Laws both

homes should have their Certificate of occupancy (COO) revoked by Sturbridge

which prevents anybody from living there until all repairs have been made.

Anybody have any thoughts? My suggestion is to have the COO yanked on any

property with health or building codes.

Ken and Virginia Moulton

[Guest guest]

Unfortunately the Real Estate Laws vari from State to State.  There is no

uniform standard. 

 

 Mass. Lead Law:

 

 http://www.nchh.org/Policy/State-and-Local-Policy/State-and-Local-Lead-Laws/Ma\

ssachusetts-Lead-Law.aspx

Mass.  Toxics and Hazard:

http://www.mass.gov/dep/toxics/index.htm

Buying and Selling Real Estate in Mass.

http://www.lawlib.state.ma.us/subject/about/realestate.html

God Bless !!

dragonflymcs

Mayleen

________________________________

From: ken <kenhmoulton@...>

Sent: Wed, April 14, 2010 11:59:58 AM

Subject: [] Massachusetts Real Estate Law

 

Nature of Seller's Duties to Condition of the Property

Every seller has the duty to respond fully and accurately to any request for

information about a property. This is true whether the information is requested

directly by a prospective buyer or by a real estate agent who, in turn, may pass

along the information to a prospective buyer. Answers that are misleading or are

half-truths are improper. If a seller is unsure of information, the seller

should not guess, but should qualify his answer. Otherwise, the buyer may be

misled. Sellers may be required to provide information about the presence of

lead paint or urea formaldehyde foam insulation, where applicable.