Notes from our State Legal Team

There has been a debate amongst Berkshire members about the obligations of proper handling of the Lead Paint Property Transfer Form.  Everyone agrees that the seller’s agent must give the LPPT form before the signing of a purchase and sale agreement.   Buyer’s agents are accepting the form, but many are not then providing the Listing Agent with a copy of the signed document.  Their argument is that the seller’s agent has an obligation to present the form – period – but do not have a legal mandate to get a signed copy returned to them.

Answer: In my opinion, the listing agent is absolutely entitled to an executed copy of the certification form.  They are the source of the information and are required to provide it and ensure the information is received.  Due to the exclusive representation arrangement with a buyer agent, they must rely on that agent for any additional explanation but should be entitled to an executed copy.  If one is not provided or refused to be provided I would recommend the listing broker attach an addendum to the P&S stating the information was provided timely and correctly to avoid any liability.  This being said; I also think, from a fiduciary requirement, the buyer agent should retain a copy of the executed document as well.

In our MLS agents can open, view and print additional documents attached to the listing data.  These attachments can be (1) Signature page of the Lead Paint Form (2) Seller’s Description of Property (3) Notification of Right to Farm (4) Plot plans or assessor cards, etchttp://www.berkshirerealtors.org … Read on