Thanks to the MAR legal department for their work on a newly released Lead Property Transfer Certification and Tenant Certification forms for use in sale and rental transactions. What GREAT changes for consumers to read and digest. As a reminder, these forms need to be provided in their entirety for properties for sale or rent that were built before 1978.
Both the NEW Property Transfer Certification form and the Tenant Certification Form are available on the state’s website. MAR is working with our forms providers to have the new form available as part of the MAR library.
MAR’s legal highlights: Some of the notable changes to the forms are that they now include an acknowledgement that the property does not have any lead-related history in the Lead Safe Homes database; a distinction between lead-based paint and lead-based paint hazards at the property; a box to indicate what documents are provided to the buyer or tenant; and clarifies that a buyer agent only signs the form if they are being compensated by the seller or seller’s agent.
MAR has been having ongoing discussions with the DPH to address questions regarding the new forms so stay tuned for more information and training webinars coming soon. New transactions should begin using the new version of the forms but sellers and landlords do not need to replace existing forms that have already been executed.