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MA Real Estate

Consumer Protection

QuestionAnswer
Asbestos Naturally occuring material that is heat resistant. Used in building materials. Prohibited since 1978. May only be disposed of in Mass municipal land fills that have been approved by the local board of health or in 2 commercial landfills in Chicopee.
Caveat Emptor Let the buyer beware.
CERCLA Comprehensive Environmental Response, Compensation and Liability Act. Federal Law (aka Superfund Law) which gives the EPA authority to identify responsibility for cleaning contaminated sites and establishes rules for doing so.
Demand Letter Under M.G.L. c. 93A Consumer Protection Law, the letter sent to the individual against whom the action is to be taken. Begins a 30 day response cycle that recedes any further legal action.
Licensed Site Professional (LSP) An environmental expert licensed by an independent board of registration, who is trained in hazardous maeterial contamination and cleanup, and is utilized to manage cleanup operations.
Due Diligence A proper degree of care and activity.
Good Faith An act that is done honestly.
Hazardous Waste Law M.G.L. c. 21E Gives the Dept. of Env. Protection the task of ensuring permanent cleanup of oil and hazardous material releases determining who is legallly responsible for them and requiring those parties to do the work or reimburse the commonwealth for cleanup costs.
Lead Paint Notification Form Massachusetts lead paint law (M.G.L. c. 111) requires the real estate broker/salesperson to notify a prospective purchaser of residential real estate of the dangers of lead paint and to obtain their signature on a form documenting this action.
Letter of Compliance Under Massachusetts lead paint law (M.G.L. c 111) a letter issued to a residential property owner indicating the property met the requirements of the law.
Letter of Interim Control Under Massachusetts lead paint law (M.G.L. c 111) a letter allowing a property owner one year to fully meet the requirements of the law after major hazards, such as peeling and chipping paint, have been taken care of.
Mass Consumer Protection Act M.G.L. c. 93A real estate brokers/salespersons required to disclose to the buyer anything that might affect the buyer's decision to purchase the property. Any problems must be disclosed. Legal responsibility to disclose known defects to the buyer.
Mass Environmental Code Title 5 Requires permit to build new sewage disposal systems and include an evaluation from DEP. Existing systems must be inspected and pass title 5. These systems include cesspools, septic tanks.
Mass Lead Paint Law M.G.L. c. 111 All prospective purchases of residential property constructed prior to 1978 must be notified by way of disclosure form. Any property where a child under 6 resides must be deleaded.
Mass Smoke Detector Regulation Massachusetts law requires that a smoke detector certificate be present a every closing of residential real estate.
Misrepresentation A false statement or concealment of a material fact made with the intention of inducing some action by another party.
Radon Radioactive cancer causing gas. Formed by the natural breakdown of uranium in soil, rock and water and typically finds its way into homes through cracks and other holes in the foundation.
Mold A fungus found throughout the United States
Rivers Protection Act Added resource area called the "riverfront area" to areas protected under the WPA. Defined rivers as any naturally flowing body of water that empties into any ocean, lake or other river and which flows throughout the year.
Triple Damages The Massachusetts Consumer Protection Law (M.G.L. c. 93A) allows penalites of 3x the actual damages in certain instances.
UFFI Urea formaldehyde foam insulation pumped into the walls and ceiling banned in 1979. If UFFI is present the seller must disclose to the buyer or tenant. It does not mandate that the seller/landlord remove it if found in dwelling.
Underwood Case Mass court case "Underwood vs Risman" which substantially altered the interpretation of lead paint and agency law. (Underwood sued Risman claiming Risman should have known lead pain was present and warned them)
Urman Case Mass court case "Urman vs South Boston Savings" - Judge ruled that a complaintant must show objective damages and not subjective distress alone.
Underground Storage Tanks (UST) Massachusetts state law does not require removal of a residential underground tank, if it is not leaking.
Wetlands Protection Act Sets forth a public review and decision making process by which certain designated environmentally sensitive areas are to be regulated by local conservation commissions and the Mass DEP to ensure maximum proection.
Superfund Law See CERCLA (Comprehensive Environmental Response, Compensation and Liability Act).
Created by: medct