Buying a Pre-1978 Home in Massachusetts: The Lead Paint Law

By James Brazil

James Brazil lives in Mérida, Mexico. He founded Swift Agent Sites and studied Classics at the University of Mississippi.

Published 6 November 2026 · Updated 6 November 2026

Real estate for buyers

If the Massachusetts home you want was built before 1978, the seller and any real estate agent must give you the Property Transfer Lead Paint Notification before you sign the Purchase and Sale Agreement. After you receive it, you have at least 10 days, or longer if agreed, to get a lead inspection if you choose. A lead inspection is not required, but the Department of Public Health (DPH) highly recommends it.

The bigger rule to know: under the Massachusetts Lead Law, if a child under 6 will live in a pre-1978 home, the owner must have it deleaded or brought under interim control within 90 days of taking title.

What is the Property Transfer Lead Paint Notification?

It is a DPH form (CLPPP Form 95-17, revised April 10, 2026) that meets both the Massachusetts and federal notification laws. The state requirement is in M.G.L. c. 111, Section 197A.

Before you sign a Purchase and Sale Agreement, a lease with an option to buy, or a memorandum of agreement in a foreclosure sale, sellers and agents must:

• Give you the whole notification document
• Give you copies of any lead inspection reports, risk assessments, Letters of Compliance or Letters of Interim Control
• Tell you anything they know about lead in the home
• Tell you about the 90-day deleading rule if a child under 6 will live there
• Check the state's Lead Safe Homes database for the address
• Sign the certification page, and have you sign it too

DPH says sellers or agents must keep these documents for at least three years. Sellers and agents who do not comply face civil penalties of up to $1,000 under state law, plus federal civil and criminal penalties.

How does the 10-day lead inspection work?

DPH's form says that after you receive the notification, you have at least 10 days, or longer if you and the seller agree, to have a lead inspection done. Foreclosure sales are the exception. The time is usually set in the offer or Purchase and Sale Agreement, so read our guide to the Offer to Purchase and P&S for how those dates fit together.

Only licensed lead inspectors can do a lead inspection. DPH notes that most home inspectors are not lead inspectors. A lead inspector tests inside and outside the home, documents any lead paint or lead hazards, and explains your options and legal duties. DPH lists licensed private lead inspectors on the Childhood Lead Poisoning Prevention Program site.

You pay for the inspection. Whether you use the results to renegotiate, ask for credits or walk away depends on the terms in your contract.

What if a child under 6 will live in the home?

This rule applies to owners, including people buying a home to live in, not just landlords. DPH says a pre-1978 home where a child under 6 lives must be free from lead hazards. As the new owner, you would have 90 days after taking title to have the home deleaded or brought under interim control.

DPH says the lead inspector will review the report, deleading options and your legal responsibilities with you, which helps you decide between full deleading and interim control.

If you are buying a 2- to 4-family home and plan to rent units, read the landlord section of DPH's notification as well. Owners of pre-1978 rental units where children under 6 live have their own deleading duties under the Lead Law.

Is there help paying for deleading?

DPH lists these:

• A Massachusetts tax credit of up to $3,000 for each unit deleaded
• Grants and affordable loans for deleading, listed on the state's financial assistance for deleading page

Ask a tax professional how the credit applies to you before you count on it.

What should buyers do?

• Find out the year the home was built as soon as you are interested.
• Look up the address in the Lead Safe Homes database yourself.
• Read the whole notification before you sign it.
• Decide quickly whether to hire a licensed lead inspector, so you do not miss the window.
• If a child under 6 will live there, get estimates for deleading or interim control before you commit.

FAQ

Which Massachusetts homes does the lead paint notification apply to?

Homes built before 1978. DPH says the notification must be given to prospective buyers of those homes under both state and federal law.

When must I receive the notification?

Before you sign a Purchase and Sale Agreement, a lease with an option to purchase, or a memorandum of agreement in a foreclosure sale.

How long do I have to get a lead inspection?

At least 10 days after receiving the notification, or longer if you and the seller agree. The exception is foreclosure sales.

Is a lead inspection required before I buy?

No. DPH says it is not required but is highly recommended. It does become important after closing if a child under 6 will live in the home.

Can my home inspector check for lead?

Only a licensed lead inspector can do a lead inspection. Most home inspectors are not licensed for it.

Next step

A licensed local real estate agent can make sure you get the notification on time and help you build the lead inspection window into your offer. For questions about the Lead Law itself, DPH's Childhood Lead Poisoning Prevention Program takes calls at (800) 532-9571.

Sources: DPH: Property Transfer Lead Paint Notification, Property Transfer Lead Paint Notification, CLPPP Form 95-17, Rev. 4/10/26 (PDF), M.G.L. c. 111, Section 197A, The Massachusetts Lead Law.