Cal. Civ. Code § 460.720
Property Transfer Lead Notification and Disclosure
Operative Text
(A) Prior to the signing of a purchase and sale agreement or lease with an option to purchase, all
persons selling or leasing with an option to purchase any residential premises constructed prior to 1978
shall provide a copy of the property transfer notification issued by the Director to the prospective
purchaser or lessee-prospective purchaser. In addition, at this time, the seller or lessor-prospective
seller shall provide to the prospective purchaser or lessee-prospective purchaser all information and
documentation about lead hazards known to the seller, lessor-prospective seller or real estate agent,
including but not limited to:
(1) Whether or not the residential premises or any dwelling units therein have been certified in
compliance with 105 CMR 460.750(A)(1) and 460.760(D)(2), or 460.105(D)(2), and a copy
of any Letter of Full Compliance or Letter of Interim Control which was issued.
(2) If the residential premises or dwelling units therein have been inspected for lead hazards or
other violations of 105 CMR 460.000, or if there has been a risk assessment performed, copies
of any lead determination, inspection, risk assessment, or post compliance assessment reports
concerning the residential premises or any dwelling units therein; and
(3) Incidents of any past or present reported cases of lead poisoning in occupants, but without
disclosure of the individual’s name.
(B) The prospective purchaser or lessee-prospective purchaser shall be informed by the seller or
lessor-prospective seller of residential premises constructed prior to 1978 and any real estate agent
involved in such sale about the availability of inspections for dangerous levels of lead.
(1) Should the prospective purchaser or lessee-prospective purchaser choose to have an
inspection performed, the seller or lessor-prospective seller shall afford the prospective purchaser
or lessee-prospective purchaser a period of ten days or such longer time as the seller and the
prospective purchaser or lessor-prospective seller and lessee-prospective purchaser may agree
to have such inspection performed, either through a lead inspection contingency clause in the
purchase and sale agreement or otherwise. If a lead inspection is performed, the prospective
purchaser or lessee-prospective purchaser shall provide a copy of the inspection report to the
seller.
(2) In circumstances where the sale will occur as a result of a foreclosure proceeding, the seller
shall provide each potential purchaser with notification as required in 105 CMR 460.720(A) and
shall obtain from each prospective purchaser a signed, written acknowledgment that the potential
purchaser understands that he or she will not have the opportunity to have a lead inspection
conducted prior to the sale.
(C) If any real estate agent involved in the sale or lease with an option to purchase has provided the
prospective purchaser or lessee-prospective purchaser with the required information and materials, said
agent shall verbally inform the prospective purchaser or lessee-prospective purchaser of the possible
presence of dangerous levels of lead and the provisions of the lead law and regulations, including the
purchaser’s responsibility to bring the property into compliance with M.G.L. c. 111, § 197, and 105
CMR 460.105 and 460.110, as applicable if a child younger than six years old resides or will reside
therein. In addition, said agent shall obtain the prospective purchaser’s or lessee-prospective
purchaser’s certification in the form of a signed, written acknowledgement by the prospective purchaser
or lessee-prospective purchaser that he or she has been so notified prior to the signing of the purchase
and sale agreement or lease with an option to purchase. If a real estate agent has provided the
prospective purchaser or lessee-prospective purchaser with the required information and materials, but
the prospective purchaser or lessee-prospective purchaser refuses to sign a written acknowledgement,
the agent may attach to the purchase and sale agreement or lease with an option to purchase a
statement that the agent has duly notified the prospective purchaser or lessee-prospective purchaser,
but the prospective purchaser or lessee-prospective purchaser refused to sign a written
acknowledgement.Under 105 Mass. Code Regs. 460.720, sellers and lessors-with-option-to-purchase of pre-1978 residential properties in Massachusetts must share specific lead-related information with prospective buyers or lessee-purchasers before any purchase and sale agreement is signed. This includes a state-issued property transfer notification, any existing lead inspection or risk assessment reports, compliance letters, and known incidents of lead poisoning among past or present occupants. Real estate agents involved in such transactions are also required to verbally explain the possible presence of lead hazards and obtain a signed written acknowledgment from the prospective buyer or lessee-purchaser confirming they received this information.
Plain English — not legal advice.
Sellers and lessor-prospective sellers of pre-1978 residential properties should be prepared, well before signing any purchase and sale agreement, to assemble all documentation required under 105 Mass. Code Regs. 460.720, including the Director's property transfer notification, any Letters of Full Compliance or Interim Control, lead inspection or risk assessment reports, and records of known lead poisoning incidents. Compliant operators also allow prospective purchasers a minimum ten-day window to arrange an independent lead inspection if requested, and in foreclosure sales, they obtain a signed written acknowledgment that the buyer understands no pre-sale inspection opportunity will be available. Coordinating with any involved real estate agents to ensure verbal disclosures and signed acknowledgments are completed before execution of the agreement is a standard part of this process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Prospective buyers or lessee-purchasers of pre-1978 homes in Massachusetts have the right under 105 Mass. Code Regs. 460.720 to receive the state's property transfer notification, all known lead hazard documentation, and verbal information about the lead law from any real estate agent involved in the transaction before signing a purchase and sale agreement. If a lead inspection is desired, the provision generally entitles the prospective purchaser to at least ten days to arrange one, and the seller is required to accommodate that window. Those who believe these disclosure obligations were not met may consider contacting the Massachusetts Department of Public Health or a tenant-rights organization to understand available remedies and complaint processes.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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