Additional Information:

We are buying a house and the seller did not provide the Property Transfer Lead Paint Notification form before signing the P&S- a clear violation of MA law and Fed law.  Can this be used as a negotiating point to lower the sale price?

ATTORNEY ANSWER:

How far along in the process are you?  If I represented the Seller in such a case I would tender the Notification form late, (brokers usually handle this early on) and ask you to sign it.  I would not, as Seller’s attorney advise them to renegotiate the price especially if the Purchase and Sale contract had not been signed yet.  Even if you signed all the contracts and the closing is about to happen I would most likely not cave in to such a demand.  If you sue, what are your damages?  Would you really spend the kind of money it would take to bring such an action?   I doubt it.

If you have questions or concerns about lead paint issues regarding your real estate purchase, contact the attorneys at WSJ. We serve the Brookline, Massachusetts community including the neighborhoods of Brookline Village, Aspinwall Hill, Chestnut Hill, Cleveland Circle, Coolidge Corner, Longwood medical, and Washington Square.