Massachusetts Lead Paint Disclosure: A Boston Seller's Guide

If your home was built before 1978, Massachusetts law requires you to give the buyer the Property Transfer Lead Paint Notification before the Purchase and Sale Agreement is signed, and federal law requires a lead disclosure, the EPA lead pamphlet, and any lead records you have before the buyer is bound by any contract to buy. The buyer gets 10 days to have a lead inspection done if they want one. You do not have to test for lead before selling, and you usually do not have to delead, but skipping the notice exposes you to state and federal penalties and liability for the buyer's damages.

What does Massachusetts law require for lead paint disclosure?

For a home built before 1978, you give the buyer the Massachusetts Property Transfer Lead Paint Notification before the P&S is signed, and the federal disclosure, EPA pamphlet, and any lead records before the buyer is bound by a contract. If you own a triple-decker in Jamaica Plain or a two-family in Dorchester, there's a strong chance the building predates 1978, the year the federal ban on lead-based paint for homes took effect. Much of Boston's housing south and west of downtown was built in the early 20th century, so lead disclosure is a routine step for most sellers here, and it happens before your buyer signs a Purchase and Sale Agreement. For the full checklist between accepted offer and closing, see what happens after you accept an offer in Massachusetts. For your buyer's inspection rights, see Massachusetts home inspection law.

The most common misunderstanding: sellers assume they need to delead before listing, or that the disclosure is something to hand over at the closing table. Neither is true, and getting the timing wrong can stall a deal.

Key Takeaways

The Massachusetts notification (M.G.L. c.111 §197A) goes to the buyer before the Purchase and Sale Agreement is signed.
The federal disclosure, EPA pamphlet, and lead records (40 CFR 745) go to the buyer before you accept an Offer to Purchase.
Buyers get 10 days to have a lead inspection done unless the parties agree otherwise in writing.
Selling does not by itself require deleading; after the sale, the new owner has 90 days to delead if a child under six will live there.
Skipping the notice can bring a Massachusetts penalty of up to $1,000 plus damages, and federal liability for three times the buyer's damages for a knowing violation.

What do state and federal lead paint laws require of sellers?

Two sets of rules apply to homes built before 1978:

Massachusetts (M.G.L. c.111 §197A). The seller gives the prospective buyer the state's Property Transfer Lead Paint Notification before the Purchase and Sale Agreement is signed. The seller and any real estate agent must also disclose what they know about lead on the property, and the agent must tell the buyer about the lead law.
Federal (40 CFR 745, Subpart F). Before the buyer is obligated under any contract, the seller provides the EPA lead pamphlet (or an EPA-approved equivalent), discloses any known lead-based paint or hazards, and hands over any lead reports or records. In Massachusetts an accepted Offer to Purchase is usually a binding contract, so in practice this happens before you accept an offer. If an offer arrives first, the federal rule says to complete the disclosure before accepting it and give the buyer a chance to review it and amend the offer.

If you have no lead records and no knowledge of lead hazards, you say so on the forms.

Requirement	Seller's Obligation	Who Else Is Involved
Massachusetts lead paint notification	Deliver before the P&S is signed	Agents must also give notice and disclose what they know
Federal disclosure, pamphlet, and records	Deliver before the buyer is bound by a contract	Your listing agent usually prepares the forms
Lead inspection or testing	Not required	Buyer may order one within the 10-day window
Deleading or interim control	Required only if a child under six lives there now	New owner has 90 days if a child under six will live there
Prior lead inspection reports	Must be shared if you have them	Not applicable

How Long Do Buyers Have to Order a Lead Inspection?

Both laws give the buyer 10 days to have a lead inspection or risk assessment done, unless the parties agree in writing to a different period. Under the federal rule the buyer can waive the opportunity in writing, but it has to be offered.

Plan for this window when you set your timeline. Your listing agent and attorney should build it into the Offer to Purchase and the P&S schedule rather than treating it as an afterthought once an offer comes in.

Do You Have to Delead Your Home Before Selling in Massachusetts?

Usually not. Selling does not by itself require you to delead or get a Letter of Compliance. The duty to delead under M.G.L. c.111 §197 is triggered when a child under six lives in the home, and that applies to whoever owns it. If a child under six lives there now, including in a tenant's unit, you already have that obligation as the owner. After the sale, if a child under six will live in the home, the new owner has 90 days to delead or bring the home under interim control.

As the seller, your job is to deliver the notices accurately and on time, hand over any existing lead reports, and give the buyer the chance to inspect.

What Happens if You Skip the Lead Paint Notification?

Under Massachusetts law, an owner who fails to comply is liable for the damages that result and can face a penalty of up to $1,000; a violation by someone in trade or commerce is also an unfair or deceptive practice under chapter 93A. Under federal law, someone who knowingly fails to comply faces civil penalties (adjusted periodically for inflation), possible criminal sanctions, and liability to the buyer for three times the buyer's damages. The most common failure is timing: treating the notice as a closing-day formality.

How do you handle lead paint timing and paperwork correctly?

Start by confirming your construction year, then follow these steps.

Confirm your property's construction year through Boston assessor records or your deed, since anything built before 1978 triggers the requirements.
Gather any prior lead inspection reports, Letters of Compliance, or interim control letters before listing.
Have your agent prepare the current Massachusetts notification and the federal disclosure before showings begin.
Deliver the federal disclosure and pamphlet before you accept an Offer to Purchase, and the Massachusetts notification before the P&S is signed.
Build the buyer's 10-day inspection window into your timeline.
If the buyer waives the inspection, make sure the waiver is in writing.

FAQ

Do I need a lead inspection before I sell my Boston home?

No. Sellers are not required to order a lead inspection. The buyer can have one done within the 10-day window, and that decision and expense are theirs.

What is the Property Transfer Lead Paint Notification?

It's the Massachusetts form sellers of homes built before 1978 give buyers before the Purchase and Sale Agreement is signed. It explains the lead law and the buyer's options, and records what the seller and agents know about lead on the property. The federal disclosure, EPA pamphlet, and any lead records are separate requirements.

Can I sell my house without deleading it first?

Yes, in most cases. The exception is if a child under six lives there now, which already obligates you as owner. After closing, the new owner has 90 days to delead or reach interim control if a child under six will live in the home.

What happens if I don't provide the lead paint disclosure?

You can face a Massachusetts penalty of up to $1,000 plus liability for resulting damages, and under federal law, civil penalties, possible criminal sanctions, and liability for three times the buyer's damages for a knowing violation.

How does the lead paint disclosure affect my closing timeline?

The federal disclosure belongs before you accept an offer, and the buyer's 10-day inspection window usually runs in the offer and P&S stage. Coordinating this with your attorney early avoids delays.

Do triple-deckers in Jamaica Plain and Roxbury typically require lead paint disclosure?

Most do. Much of the triple-decker and two-family housing in Jamaica Plain, Roslindale, Hyde Park, Dorchester, and Roxbury was built before 1978, so assume the requirements apply unless records show a later construction date.

The bottom line: if your home was built before 1978, deliver the federal disclosure before you accept an offer and the Massachusetts notification before the P&S, and give the buyer the 10-day inspection window.

Sources

M.G.L. c.111 §197A (lead notification at property transfer): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter111/Section197A
M.G.L. c.111 §197 (owner's duty when a child under six resides; new owner's 90 days): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter111/Section197
105 CMR 460.100 (Letter of Compliance or Interim Control; 90 days after transfer): https://www.law.cornell.edu/regulations/massachusetts/105-CMR-460-100
40 CFR 745.107 (seller disclosure duties before contract): https://www.law.cornell.edu/cfr/text/40/745.107
40 CFR 745.110 (10-day inspection opportunity and waiver): https://www.law.cornell.edu/cfr/text/40/745.110
40 CFR 745.118 (federal penalties and treble damages): https://www.law.cornell.edu/cfr/text/40/745.118

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About Juan Murray

Juan Murray is a Boston broker associate with more than 30 years of experience helping buyers, sellers, and investors across Greater Boston, personally leading every transaction from the first conversation through closing.

RE/MAX Real Estate Center · (978) 581-0801

Equal Housing Opportunity. Juan Murray is licensed as a Broker in Massachusetts, regulated by the Massachusetts Board of Registration of Real Estate Brokers and Salespersons. This article is general information only and does not constitute legal, tax, or financial advice. Confirm your specific costs and obligations with your closing agent, tax advisor, or lender.