Massachusetts Transactional Disclosures
Massachusetts has several distinctive transfer requirements: the Lead Law, Title 5 septic inspections, and smoke/carbon monoxide certificates. This chapter explains what each requires and the broker's role.
The Massachusetts Lead Law
The Lead Law protects young children: when a child under six occupies or will occupy a dwelling built before 1978, lead paint hazards must be brought into compliance. Sellers and lessors must provide the required lead disclosure and property-transfer notification. This state duty is in addition to the federal pre-1978 lead-paint disclosure and cannot be waived to avoid deleading obligations.
Title 5 Septic Systems
Title 5 regulates on-site sewage (septic) systems. When property served by a septic system is transferred, the system generally must be inspected within the regulation's time frame and the results reported to the buyer and the local board of health. A failed system typically must be repaired or upgraded. Licensees should ensure a required Title 5 inspection is arranged early.
Smoke and Carbon Monoxide Certificates
Homes must have compliant, working smoke and carbon monoxide detectors at the time of sale, verified by a certificate from the local fire department obtained before closing. The seller ordinarily arranges the inspection and provides the certificate. A missing certificate can delay closing, so licensees should confirm it is obtained in advance.