So now everyone is uploading the lead paint form, it’s become apparent that not everyone is filling out the form correctly.  Yikes!  Fines for failure to complete this form correctly can be severe, so I know you want to do the right thing.The seller must initial OR check mark the correct boxes and circle the documents they are providing 

 According to advice we have received from Massachusetts Department of Public Health, if the seller has no knowledge of lead paint and no documents, and the buyer has received the lead paint notification, the buyer should initial (d) and (e). Therefore, the relevant portions of the Certification should appear as follows in this situation:

Seller’s Disclosure

(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):

(i)              Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).

_________________________

(ii)   Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

(b) Records and reports available to the seller (check (i) or (ii) below):

(i)______ Seller has provided the purchaser with all available records and reports pertaining to lead-based

paint and/or lead-based paint hazards in the housing (circle documents below).

Lead Inspection Report; Risk Assessment Report; Letter of Interim Control; Letter of Compliance

(ii) Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in

the housing.

Purchaser’s or Lessee Purchaser’s Acknowledgment (initial)

(c) _______ Purchaser or lessee purchaser has receive d copies of all documents circled above.

(d) __AS__ Purchaser or lessee purchaser has received no documents.

(e) __AS__ Purchaser or lessee purchaser has received the Property Transfer Lead Paint Notification.

(f )__AS__ Purchaser or lessee purchaser has (check (i) or (ii) below):

(i)______ received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment  or inspection for the presence of lead-based paint and/or lead-based paint hazards; or

(ii)______ waived the opportunity to conduct a risk assessment or inspection for the presence of lead- based paint and/or lead-based paint hazards.

Just hours after this post last week about how to properly fill out the lead paint form, we received more examples of forms done incorrectly.  First, here is a few clarifications received from Mike McDonaugh from the MAR Legal Department.  A few form changes were made to the Ziplogix document based on the newest Lead Paint Disclosure notification (form in in the process of being uploaded in Flex now.  A few differences: No property Address and “Agent” signatures, not “buyer’s agent” and “seller’s agent”.

1) MAR is reaching out the the Massachusetts Department of Public Health to see if that field can be added back in.  It is critical for record retention to know the exact address the disclosure represents.  Mike does not feel it will invalidate the from if you add the address

2) It’s a good change that the “agent” must certify that they informed the party to their obligations – it is helpful for situations where there is only one agent in a transaction and they serve to inform both parties, but only represent one as.

3) A question was raised about the ziplogix and other forms software platforms placing an X in the boxes not a checkmark.  Mike has also reached out about this item, but feels that the legal language says “check” not “checkmark” and that reasonable care was made to compete the form as currently capable, making a X acceptable.  We will report back if we receive additional information.

4)  A question was raised about checking or initialing box (f).  The determination is that the Purchaser/Lessee should initial line (f) and then check either (g) or (h).

Here is the example of a correct form for a buyer who is not receiving lead reports or documents: