The recent Massachusetts Association of REALTORS® Legal Forum at the MAR Conference covered a wide range of issues affecting real estate professionals, from the Commonwealth’s housing goals and local advocacy to Code of Ethics concerns, closing practices and an important update to the Massachusetts lead paint form.  We have highlighted each separately in today’s REcap, with links if you want to dig into more details. MAR General Counsel Justin Davidson is leading the MAR team on many fronts, both legislatively and legally. He drew the short straw to explain the problems and revision process of the flawed Massachusetts lead paint form issued in April 2026. ha

For now, members are being advised to continue using the old lead paint form.

The April version contains several errors, including confusing agency language, compensation provisions, an insurance requirement without an identified legal basis and typographical errors. A revised form is undergoing EPA review and is expected soon. Once finalized, the new form will include several substantive changes. Disclosure timing will be clarified as occurring before the contract to purchase, offer or Purchase & Sale Agreement — whichever comes first. Sellers will also be required to search the Lead Safe Home database and provide documents located through that search.

The form will distinguish between lead-based paint that has been properly encapsulated or brought into compliance and an active lead-based paint hazard. A revised agent acknowledgment will also address listing agents, buyer agents, dual agents and transactions in which no agency relationship exists.  MAR plans to provide education and notify members when the approved form is available.