There is still a bit of confusion about the “new” and “old” versions of the Lead Paint form – the new form has errors and the MA Department of Public Health agreed agents may use either version for compliance. If you use the old form, you remain in compliance and will not have to update the form in the future for the same property/owner when the “revised version” is eventually finished. We suggest you consider returning to the old forms that don’t contain errors requiring corrections. For background, the new form issues identified are:
- General Typos
- References to tenant when it should be buyer,
- Intermixing “Owner/Lessor” and “Seller” to indicate the same parties
- Concerns about a seller having to determine the difference between a property having “lead paint” and, additionally having “lead paint hazards”.
- Where the buyer’s agent is asked to signoff that they have “informed the seller of the seller’s obligations …”. No! The buyer’s agent should only be sharing information with their own buyer clients. No agent should contact a client of anther agent, without the agent’s express consent. Article 16 of the REALTOR® Code of Ethics strictly prohibits interference with the exclusive representation or brokerage agreements that other REALTORS® have with their clients.

