Consumer Protections

Question 1

brownfields

Answer 1

(commercial) prop. contaminated prop

Question 2

greenfields

Answer 2

not contaminated

Question 3

lead paint

Answer 3

• no kids under 6 must de-lead if they move in or become pregnant
• buyer must be giveen

Question 4

asbestos

Answer 4

• flame retardant material

- banned in residential applications in 1978

Question 5

Radon

Answer 5

radioactive gas caused by the natural breakdown of uranium

Question 6

mold

Answer 6

• must be disclosed caused by poorly ventilated areas with high moisture
• mold notification form required for rentals

Question 7

UFFI

urea fornaldehyde

Answer 7

foam insulation that when improperly installed releases formaldehyde
-banned 1979, inert after 20 years

Question 8

chlordane

Answer 8

pesticide used to treat termites up to 1980’s

Question 9

stachybotrys

Answer 9

genus of mold and specifically:

-s. chartarum and s.chlorohalonata (black mold)

Question 10

PCBS

polychlorinated biphnyls

Answer 10

• flame retardant insulation material

- mostly see in industrial applications

Question 11

cfcs

chloroflurpcarbans

Answer 11

-eat hole in the ozone layer

Question 12

usts

Answer 12

• underground storage tank

- mostly banned in MA (especially fuels)

Question 13

title V

Answer 13

septic system inspection

-good for 2 years failing systems have 6 months

Question 14

safe drinking water act (sdwa)

Answer 14

EPA to set standards for drinking water

-issues must be disclosed

Question 15

smoke detector regulations

Answer 15

-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

Question 16

Carbon Monoxide detectors regulations

Answer 16

required after 2006

1. have gas burning equipment of the sleeping areas
2. have an attached garage
   - built before 2006 can have battery detectors: after 206 hardwire only

Question 17

chap. 93A

Answer 17

• 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

Question 18

guidelines 93A/ must

Answer 18

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

Question 19

home inspection regulations

Answer 19

-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

Question 20

example of 93a

Answer 20

• puffng ( overselling)
• a refund/return policy is not upheld
• a business does not meet its warranty agreement
• a business engaged in false advertising

Question 21

do hazardous materials need to be disclosed?

Answer 21

yes, disclosed as defects but do not prohibit the sale

Question 22

21e certificate

Answer 22

used to certify that a commercial prop is free of contamination

Question 23

sales lead paint law

Answer 23

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