Consumer Protection Laws

Question 1

Massachusetts General Law Chapter 93A

Answer 1

Also known as the Consumer Protection Act. Originally enacted in 1967

It gives consumers (who feel they have been unfairly deceived by a business) the ability to easily bring a claim against a business, and receive compensation for any monetary loss they suffered. Under 93A, all a consumer has to do to bring a claim is send the business a letter, and provide the business with 30 days to respond. Note that real estate licensees are treated as businesses under 93A.

Question 2

Home Inspection Regulations

Answer 2

Buyers in Massachusetts must be given the Massachusetts home inspection brochure when they sign a purchase agreement, but they are not required to get a home inspection.

Agents representing the seller may not recommend specific home inspectors, and must instead provide the state provided list of all inspectors since it is a potential conflict of interest.

Question 3

21E Certificate

Answer 3

used in Massachusetts to certify that commercial property is free of contamination.

Question 4

Brownfields

Answer 4

are lands that have been previously used for commercial purposes, and are contaminated by hazardous waste or pollution (contrast to greenfields, which are uncontaminated lands). The Massachusetts Department of Environmental Protection (DEP) provides for liability relief and financial incentives under the Brownfields Act of 1998 to encourage the cleanup and redevelopment of brownfields.

Question 5

Massachusetts Smoke Detector Regulations

Answer 5

The sale of real estate built prior to 1975 requires a smoke detector certificate signed by local fire chief.

Properties built or rehabbed after 2011 must have hardwired detectors. Properties built prior to 2011 buildings have different requirements depending on the number of units:

1-2 units: Battery-operated. At least one detector on every level, outside bedrooms, and at the top of any stairs. Photoelectric detectors (a more sensitive type of detector) are required within 20 feet of kitchen/bathrooms.

3-5 units: Battery-operated detectors allowed in the units, hard-wired detectors required in the common areas.

6+ units: All detectors must be hard-wired.

Note that, as of December 2016, 10+ year old battery-operated detectors must be replaced with sealed 10-year detectors (no more replaceable 9v batteries) in Massachusetts.

Question 6

Massachusetts Carbon Monoxide Detector Regulations

Answer 6

Effective March 31, 2006 all homes in Massachusetts that are equipped with fuel burning equipment that produces carbon monoxide or which have indoor parking (a garage) adjacent to living areas will be required to have Carbon Monoxide detectors installed on every level. The law, and the regulations that implement it, apply to ALL homes and not just those that are being sold. New home construction or renovations must have hard wired detectors; older homes may be brought into compliance with battery-operated detectors.