Consumer Protections Flashcards
brownfields
(commercial) prop. contaminated prop
greenfields
not contaminated
lead paint
- no kids under 6 must de-lead if they move in or become pregnant
- buyer must be giveen
asbestos
- flame retardant material
- banned in residential applications in 1978
Radon
radioactive gas caused by the natural breakdown of uranium
mold
- must be disclosed caused by poorly ventilated areas with high moisture
- mold notification form required for rentals
UFFI
urea fornaldehyde
foam insulation that when improperly installed releases formaldehyde
-banned 1979, inert after 20 years
chlordane
pesticide used to treat termites up to 1980’s
stachybotrys
genus of mold and specifically:
-s. chartarum and s.chlorohalonata (black mold)
PCBS
polychlorinated biphnyls
- flame retardant insulation material
- mostly see in industrial applications
cfcs
chloroflurpcarbans
-eat hole in the ozone layer
usts
- underground storage tank
- mostly banned in MA (especially fuels)
title V
septic system inspection
-good for 2 years failing systems have 6 months
safe drinking water act (sdwa)
EPA to set standards for drinking water
-issues must be disclosed
smoke detector regulations
-rebuilt before 1975 MUST have a smoke detector signed by local fire chief
-built after 2011 must have hardwired detectors
-before 2011:
1-2 fml home=battery operated
3-5 fml= battery operated in unit, but hardwired in common areas
6+=hardwired only
Carbon Monoxide detectors regulations
required after 2006
- have gas burning equipment of the sleeping areas
- have an attached garage
- built before 2006 can have battery detectors: after 206 hardwire only
chap. 93A
- designed to protect consumer from unfair and deceptive practices employed by some businesses
- (and licensees)
- consumer sends letter to business and provide the business with 30 days to respond
guidelines 93A/ must
The matter MUST involve a business (including licensees) private sales not covered
- one MUST have suffered actual monetary damages unless one proves that this unfair business practice may cause a loss of money or prop
- the complaining party MUST write a 30-day demand letter
home inspection regulations
-buyers in MA must be given the MA home inspection brochure when they sign a purchase agreement but are not required to get an inspection
agents representing the seller may NOT RECOMMEND A HOME INSPECTOR and must provide the state provided list of all inspectors
example of 93a
- puffng ( overselling)
- a refund/return policy is not upheld
- a business does not meet its warranty agreement
- a business engaged in false advertising
do hazardous materials need to be disclosed?
yes, disclosed as defects but do not prohibit the sale
21e certificate
used to certify that a commercial prop is free of contamination
sales lead paint law
prospective purchasers of residential prop built before 1978 must be notified of their lead paint rights.
agent gives forms
-buyer granted 10-day lead paint inspection but can waive inspection
-if a child under 6 lives in the home must de-lead withing 90 days
-prob built after 1978 and occupied by a child 6 or under must be tested for lead paint and de-leaded if paint is present