Effective May 1, 2001, the law requires the following: At the time of the signing of the first written con- tract to purchase, real estate licensees, or sellers if no broker is involved (FSBOs), must distribute a document entitled "Home Inspectors: FACTS FOR CONSUMERS" which is published by the Massachu- setts Office of Consumer Affairs, to educate consumers about the home inspection process. Addition- ally, the law stipulates that, as of May 1, 2001, brokers and salespersons shall not directly recommend a specific home inspection company or home inspector but may, upon request, provide a complete list of licensed home inspectors (or the website) prepared by the state. Furthermore, the law further states that this prohibition against recommending a home inspector shall not apply to brokers working for the buyer as a buyer's broker.

To comply with both state and federal requirements, sellers and real estate agents must provide the Property Transfer Lead Paint Notification to a prospective buyer before signing a purchase and sale agreement, a lease with an option to purchase, or a memorandum of agreement used in foreclosure sales. The form is ONLY required for homes built before 1978. It is important for brokers and salesper- sons involved in the transaction to ensure that the buyer and seller sign the certification page of the Property Transfer Lead Paint Notification. This contains a checklist to ensure that the buyer has been fully notified of the requirements of the Lead Law. Sellers or real estate agents who fail to comply with Property Transfer Lead Paint Notification requirements are subject to civil penalty under Massachusetts law, and both civil and criminal penalties under federal law. Designated REALTORS® and office managers should consider adopting office policies that track the process regarding the lead paint disclosure information with every transaction.