Buyer & Seller Advice
A practical guide to Massachusetts lead-paint disclosures, the 10-day testing opportunity, compliance documents, and what buyers and sellers should check before closing.
What should buyers and sellers know about lead paint when a Massachusetts home was built before 1978?
Massachusetts and federal law require specific lead-paint disclosures when most residential properties built before 1978 are sold. That does not mean every pre-1978 home contains dangerous levels of lead. It also does not mean a seller automatically has to delead a property simply because they are selling it.
But buyers must receive required lead information before signing the applicable purchase agreement, sellers must disclose known lead information and provide available records, and additional Massachusetts Lead Law requirements can apply when dangerous levels of lead are present and a child under age 6 will live in the home.
For buyers and sellers throughout Greater Boston and Cape Cod, understanding the paperwork before the Purchase and Sale Agreement can prevent confusion later in the transaction.
Buyers get the lead notification before signing the purchase agreement.
Sellers disclose what they know and share records. Testing is the buyer's option.
Buyers may inspect, agree to a different period, or waive it.
Lead hazards plus a young child can trigger a 90-day compliance deadline.
Lead-based paint was commonly used in residential properties before federal restrictions took effect in 1978. Because of that history, federal disclosure requirements generally apply to most residential housing built before 1978, subject to certain exceptions.
Massachusetts also has its own Lead Law, with particular protections for children under age 6. So when Nancy is preparing an offer on an older Massachusetts home, lead paint is not treated as an afterthought.
📋 Nancy's transaction process
In her transaction files, “Lead Paint (Prior to 1978)” is a standard item on the offer checklist. When the home was built after 1978, that item is marked “exempt.”
That makes the home’s year built one of the early details to confirm in the transaction.
No. The age of the property tells you that lead-based paint may be present. It does not establish that a specific home has dangerous levels of lead. A property may:
In April 2026, the Massachusetts Department of Public Health updated its Property Transfer Lead Paint Notification materials. The updated documents provide current information regarding lead exposure and health risks, lead hazards, testing, legal responsibilities, deleading, Interim Control, and compliance.
The update did not create Massachusetts lead disclosure requirements for the first time. Those requirements already existed. What changed was the state’s notification documentation and educational material used in current transactions.
For a covered pre-1978 property, buyers receive the Massachusetts Property Transfer Lead Paint Notification, together with the Property Transfer Notification Certification.
The certification is a two-page form, included at the end of the notification, used to record the parties’ acknowledgments and elections concerning the lead notification. This is not simply informational paperwork to be handled at closing. It belongs much earlier in the transaction.
The required notification must be provided before the buyer signs the Purchase and Sale Agreement or other applicable purchase agreement. That timing matters.
📍 Real example from a recent pre-1978 purchase in Dedham
The lead paint notification was signed the same day as the offer, well before the Purchase and Sale Agreement. The seller had no lead records on file, and the buyers reviewed the notice and chose to waive the optional 10-day lead inspection opportunity.
That transaction illustrates how the process often works in practice:
The important point is not that every buyer should waive testing. It is that the buyer should receive the information early enough to make an informed choice.
The seller must disclose what they actually know concerning lead paint or lead hazards and provide lead-related records they have available. Those records may include:
If the seller does not have records, that is different from saying: “The property has no lead.” A lack of records means exactly that—no records are available. It does not establish the property’s lead status.
The agent also has responsibilities as part of the lead notification process. The seller’s agent certifies that they have:
That is one reason Nancy includes the pre-1978 lead item directly in the transaction checklist rather than waiting until the Purchase and Sale stage.
Not automatically. The disclosure rules do not mean every seller of a pre-1978 Massachusetts home must order a new lead inspection before listing.
The seller must accurately disclose known information and provide existing records. The buyer then has an opportunity to decide whether additional lead testing is appropriate.
Yes. Federal law generally provides the buyer with a 10-day opportunity to conduct a lead-based paint inspection or risk assessment. That 10-day right is also reflected on the Massachusetts transaction documentation. The buyer does not have to use it. Depending on the transaction and written agreement, the buyer may:
In Nancy’s recent Dedham transaction, the buyers reviewed the disclosure and chose to waive the optional lead inspection. That was their decision for that particular purchase. Another buyer may make a different choice.
No. The buyer has an opportunity to investigate. The buyer is not automatically required to order a lead inspection. That decision can depend on factors such as:
The disclosure rules do not automatically require the seller to pay for the buyer’s lead inspection or risk assessment. If the buyer elects testing, the cost and any related transaction terms should be understood before the inspection is ordered.
This is another issue buyers can discuss with their Realtor and attorney before making their inspection election.
No. A standard home inspection and a lead inspection serve different purposes. A home inspector evaluates the property according to the scope of a home inspection. A licensed lead professional evaluates the property specifically for lead hazards.
Having a general home inspection does not mean the property has been professionally tested for lead. If lead status matters to your decision, ask specifically about a licensed lead inspection or risk assessment.
Massachusetts maintains the Lead Safe Homes database, which may contain available lead inspection and compliance history for a property. It can be useful when researching an older home.
Important limitation
No record found does not mean no lead exists. It may simply mean that no qualifying inspection or compliance record appears in the database.
That distinction is similar to the Dedham transaction, where the seller had no lead records available. The lack of paperwork did not prove that the property was lead-free.
A Letter of Full Compliance is a written statement issued by a licensed lead inspector certifying that the home meets Lead Law requirements, and it remains valid as long as there is no loose lead paint and any coverings over lead paint stay in place.
If a seller says a home is lead compliant, buyers should ask to see the actual documentation. Review:
The document itself is more useful than a marketing description.
A Letter of Interim Control is different. Interim Control is a temporary method of addressing certain lead hazards without immediately completing full deleading. It does not establish permanent full compliance. Interim Control generally lasts for a limited period and can remain effective for no more than two years.
Important limitation
Interim Control is not generally available when a child living in the home already has lead poisoning unless the state grants an applicable waiver.
That makes the distinction between Full Compliance and Interim Control particularly important for buyers who will have young children living in the home.
This is where Massachusetts Lead Law becomes especially important.
The accurate rule
Under the Massachusetts Lead Law, if a home has dangerous levels of lead and a child under 6 will live there, the new owner has 90 days after taking title to bring the home into compliance, either by getting a Letter of Full Compliance through deleading or, when legally available, a Letter of Interim Control.
The requirement depends on dangerous levels of lead being present, not simply on the home having been built before 1978. And Interim Control is not available in every situation. If a child residing in the home already has lead poisoning, different requirements apply unless an appropriate state waiver is granted.
Not automatically. Selling a pre-1978 home does not by itself mean the seller has to complete deleading before closing. The seller has disclosure responsibilities. Whether lead compliance work is required depends on the property’s actual conditions and the circumstances under Massachusetts Lead Law.
This is why buyers and sellers should separate two questions:
They are related, but they are not the same question.
That can happen. Many older homes have never undergone a complete lead inspection. A seller may genuinely have no knowledge of lead hazards and no lead reports. The appropriate response is not to guess. Compare:
Those statements mean very different things.
Renovation does not automatically establish that a property is lead-free. A home may have a renovated kitchen, newer windows, fresh interior paint, remodeled bathrooms, or significant cosmetic improvements while older painted materials remain elsewhere. Those could include:
A beautiful renovation may change the appearance of the home. It does not replace lead documentation.
Deteriorated paint in an older home deserves attention, but appearance alone cannot determine whether the paint contains lead. Testing provides property-specific information. Buyers should avoid both extremes:
Neither conclusion can be made reliably from appearance alone.
Lead considerations may continue after the purchase. Buyers planning renovations in a pre-1978 home should consider whether the work will disturb older painted surfaces. Projects may include:
Federal lead-safe renovation requirements can apply to contractors working on many pre-1978 homes. So lead should sometimes be part of the renovation planning conversation, not just the closing paperwork.
Not automatically. Many older homes throughout Greater Boston and Cape Cod are bought and sold every year. The important issues are proper disclosure, available documentation, buyer due diligence, compliance with applicable law, and planning appropriately when lead hazards are present.
Lead paint should be treated as a property-condition and legal-compliance issue to understand—not an automatic reason to assume a home cannot be sold.
Potentially. If an inspection identifies lead hazards, buyers and sellers may need to discuss how those findings affect the transaction. Depending on the contract and circumstances, discussions might involve:
There is no single outcome that applies to every transaction. The contract matters.
For sellers of older Massachusetts homes, gathering existing lead paperwork early can make the process easier. Look for:
If documents exist, having them ready allows buyers to understand the property’s history earlier. If no documents exist, that is useful to establish too.
Avoid unsupported statements such as:
unless documentation supports those claims. A safer approach is straightforward:
For a pre-1978 property, consider asking:
These questions are easier to address before contractual deadlines become urgent.
Lead paint is not something Nancy waits to discover later in the transaction.
✅ Standard offer checklist item
Lead Paint (Prior to 1978). If the home was built after 1978, the item is marked exempt. If the property is pre-1978, the lead paperwork becomes part of the offer-stage review.
That process helps answer the key questions early:
That is the practical value of handling the issue early rather than treating lead documentation as closing paperwork.
Tap each item to check it off as you go.
Tap each item to check it off as you go.
No. The construction date identifies homes where lead may be present. Property-specific testing and records provide more information.
Not automatically. The seller must comply with disclosure obligations, but a sale alone does not necessarily require the seller to order a new lead inspection.
Yes. Known hazards and available lead-related records must be disclosed as required.
No. The buyer generally receives an opportunity to inspect or obtain a risk assessment but may choose to waive that opportunity.
Federal law generally provides 10 days, subject to permitted written modification or waiver.
No. A standard home inspection and a lead inspection are different evaluations.
That does not prove the home has no lead. It means there are no available records establishing its lead history.
If dangerous levels of lead are present, Massachusetts Lead Law may require the new owner to achieve Full Compliance or legally permissible Interim Control within 90 days after taking title.
No. Among other limitations, Interim Control generally is not available when a child living at the property already has lead poisoning unless an applicable state waiver is granted.
No. Renovation alone does not establish legal lead status.
Yes, potentially. The presence or possibility of lead does not automatically prohibit a sale. Disclosure and applicable Lead Law requirements still need to be handled correctly.
Disclose what you know and provide the records you have.
Review the paperwork, decide whether you want to use your inspection opportunity, and understand what any existing lead documentation means.
And when a child under age 6 will live in the property, look beyond the home’s age alone. The important question is whether dangerous levels of lead are present and what Massachusetts Lead Law requires in that particular situation.
Nancy’s recent Dedham transaction shows how straightforward the process can be when it is handled early: the lead notification was completed at the offer stage, the seller accurately reported having no lead records, the buyers reviewed their options, and they made their own decision about the optional inspection period.
That is the goal:
Older Massachusetts homes can offer character, established neighborhoods, craftsmanship, and history—but they can also involve additional documentation and due-diligence questions.
Nancy can help identify the items that need attention early in the transaction and coordinate with your Massachusetts real estate attorney, inspectors, lender, and other qualified professionals.
Search available properties at www.newhomema.com or contact Nancy at 508.954.3420.
Nancy Cassano | Realtor | Serving Greater Boston & Cape Cod
Phone: 508.954.3420
Email: nancyc@todayrealestate.com
Website: www.newhomema.com
This article reflects Massachusetts and federal lead-paint guidance reviewed in November 2026.
The Massachusetts Department of Public Health updated its Property Transfer Lead Paint Notification materials in April 2026.
The real-world Dedham example and description of Nancy’s offer checklist are based on Nancy’s transaction records. Identifying client and property information has intentionally been omitted.
Primary sources for the legal and regulatory information include:
Lead requirements depend on the particular property, lead conditions, occupancy, transaction, and work being performed. Buyers and sellers should consult the appropriate professionals regarding their particular circumstances.
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