Consumer Protection Laws

Question 1

Chapter 93A

Answer 1

Real estate agents disclosure requirements when selling home
Protects consumers from unfair and deceptive practices
a consumer can bring up a claim and send it to the business providing them with 30 days to response

Question 2

Home Inspection Regulations

Answer 2

MA - home inspection brochure iven when they sign a purchase agreement, but not required to get a home inspection

Agents may not recommend a specific home inspector, must provide a list
Buyers are to get a home inspection within a time limit

Question 3

21E Certificate

Answer 3

Ensures that the property is free of hazardous materials
Brownfields mostly for commercial properties
-MA: DEP (Depart. of Environmental Protection) provides liability relief and financial incentives
under Brownfields Act of 1998 to encourage clean up

Question 4

Lead Paint

Answer 4

Banned in homes in 1978 - Residential Lead-Based paint Hazard Reduction Act
-Ingestion caused brain damage, ADHD, etc

Question 5

Sales Lead Paint Law

Answer 5

Homes built prior to 1978
Prospective purchasers need to be notified of their lead paint rights prior to P&S

Forms to be provided: Federal Protect Family from Lad Pamphlet and MA Property Transfer Lead Paint Notification Form

Buyer granted a 10-day lead paint inspection

they may waive the inspection but if a child under 6 lives there or someone becomes pregnant landlord must de-lead within 90 days

Question 6

Rental Lead Paint Law

Answer 6

No laws that require landlords to delead but must disclose the presence of lead paint
The only exception for deferring deleading is for short term rental

Question 7

MA Rental Lead paint Law

Answer 7

All properties constructed prior to 1978 and occupied by a child less than 6 yrs old must be tested for lead paint

Landlords cannot deny a rental to tenant on basis of lead paint, and parents cannot waivedeleading under any circumstances

Landord bears all cost, including moving tenants into a temp house

All new tenants signing a lease must be given mandatory Lead Law notification before signing a lease for a property built prior to 1978

Question 8

Asbestos

Answer 8

Used in insulation material and fire retardant, causes lung cancer, mesothelioma, and asbestosis.
banned in 1989, used in popcorn ceilings

Question 9

MA: Asbestos

Answer 9

Asbestos is found in insulation; removal must occur in products containing 1% asbestos, removal from real estate. ‘MGL93 - requires agents to disclose presence of asbestos
strick controls on removal to avoid air pollution of asbestos fibers

Question 10

MGL93

Answer 10

MA regulation stating real estate agents must disclose presence of asbestos

Question 11

310CMR 7.

Answer 11

Strictly controls removal so as to avoid air pollution and the release of asbestos fibers
Notification to DEP needed 10 days prior to removal or demoliton

Question 12

MA Smoke detector Regulation

Answer 12

A Real Estate buit before 1975 requires a smoke detector certificate signed by local fire chief
Single or 2 family houses built prior to 1975 require battery-operated smoke detectors
Homes built after 1975 require hardwired smoke detectors

Question 13

Carbon Monoxide

Answer 13

All home with fuel-burning equipment must detect levels of CO2, applies to all home not just new or older ones

Question 14

Construction warranty

Answer 14

New construction must only use good/new material, free from defects
MA there is a 3year implied warranty of habitability for any purchasers of newly constructed property neither seller nor buyer can wave this warranty
covers the structural and integrity of the property