Don’t Let Your Seller mislead you on Lead Paint
Is your new listing a “Lead Safe Home”? Did your seller tell you they have no information about lead in their property? Can you simply rely on what the seller said?
This is a problem that has been arising more these days as not all sellers know the history of their home and there may have been a lead paint test years earlier, long before the seller purchased the property. The Massachusetts Childhood Lead Poisoning Prevention Program’s database for lead inspected homes is available for anyone to check on the status of any house that had been previously tested. You can look up the inspection history of a property by entering a street name or street name and number. This database will indicate whether a property has ever been inspected for lead, has had any lead hazards or has a letter of compliance or interim control.
Buyer’s Agents are now accessing this information and if they write an offer on one of your listings wherein you indicated the seller has no information about lead paint testing, and the property is listed in this database as having been tested and lead paint was found, they may claim there has been a misrepresentation of the lead status of the property. At the very least, you and your seller now have the information and it will need to be addressed with all potential buyers.
You may want to consider as part of your best business practices to assure that the seller has the correct lead paint information prior to marketing the property. So, check the Massachusetts Department of Health and Human Services Lead Safe Homes database at:
Lastly, if you cannot find your property but believe there has been an inspection, you can call the Executive Office of Health and Human Services (EOHHS) at 1-800-532-9571 so that they can better assist you.