Do You Have to Disclose Lead Paint When Selling a House in Massachusetts?

TL;DR: Yes, if the house was built before 1978. Before the purchase and sale agreement is signed, the seller and any agent must give the buyer the Massachusetts Property Transfer Lead Paint Notification, share any lead information they know, and hand over any lead inspection report, risk assessment, Letter of Compliance or Letter of Interim Control. The buyer gets at least 10 days to have a lead inspection, and federal rules require keeping a signed copy of the disclosures for 3 years. You do not have to test for lead before you sell.

Getting an older house ready to list? Call or text Dave at (774) 217-9567. We can talk through what to paint before the photos and how the age of the house affects the prep.

This question tends to come up while an older house is being readied for sale, and it is worth settling early, because fresh paint does not change the answer. This page covers only the seller's side of a sale. For how the Massachusetts Lead Law works for owners and families day to day, start with our guide to lead paint in Massachusetts.

This is general information, not legal advice; your agent or a real estate attorney can confirm what applies to your sale, and the official forms come from the EPA and the Massachusetts Department of Public Health.

What does a Massachusetts seller have to hand over?

For a home built before 1978, the seller and any agent must give the buyer the state notification package, disclose any known lead information, and provide copies of any lead reports or letters they have. The buyer signs a certification before the purchase and sale agreement.

Two layers of law apply, and one package is designed to satisfy both. The federal rule is summarized on the EPA's real estate disclosure page. The state rule is Massachusetts General Laws chapter 111, section 197A. The Department of Public Health's Property Transfer Lead Paint Notification states that it "is for compliance with both state and federal lead notification requirements." In practice the seller provides:

• The Property Transfer Lead Paint Notification, given in full. The DPH form says it may be copied as long as the type size is not made smaller.
• Anything you know about lead in the home. Both the EPA rule and section 197A require disclosure of known lead-based paint or hazards.
• Copies of any lead records you have: a lead inspection report, risk assessment report, Letter of Compliance or Letter of Interim Control.
• The signed certification. The Property Transfer Notification Certification includes the federal Lead Warning Statement, the seller's disclosure, the buyer's acknowledgment and the agent's acknowledgment.

The EPA also requires the federal pamphlet, "Protect Your Family From Lead in Your Home." EPA posted a 2026 revision on its pamphlet page and says older versions do not have to be discarded if they are used with the supplement. Your agent will normally have the current forms.

When does the disclosure have to happen?

Before the buyer signs the purchase and sale agreement. In Massachusetts the same deadline applies to a lease with an option to purchase, and to the memorandum of agreement used in a foreclosure sale.

The DPH form says every seller and any real estate agent involved "must give this package before the signing of a purchase and sale agreement." Section 197A uses the same trigger. The deadline is the P&S signature, not the closing, so the package belongs with your listing paperwork, not with the closing documents.

Agents share this duty. The EPA says agents must tell sellers about their obligations and are responsible, along with the seller, for compliance.

Do you have to test for lead or delead before you sell?

No. The DPH notification states plainly that "There is no requirement for a lead inspection or risk assessment before a sale," and the EPA rule requires disclosure of what you know, not new testing.

Two points are worth understanding before you decide whether to test anyway:

• A report you get becomes a report you disclose. The duty covers records in your possession. If you order a lead inspection while preparing to list, the buyer will receive it.
• The deleading duty follows the new owner. Under the state Lead Law, the DPH form explains, a new owner of a pre-1978 home where a child under six will live must have it deleaded or brought under interim control within 90 days of taking title. Agents must tell buyers this. That is why the inspection matters to buyers with young children, and the DPH form notes that a legally deleaded home can be easier to sell.

If a child under six lives in the home now, the Lead Law already applies to you as an owner, separate from the sale. That is covered in the Massachusetts lead paint homeowners guide.

How does the buyer's 10-day inspection window work?

The buyer has at least 10 days to have a lead inspection or risk assessment done, or longer if seller and buyer agree. The buyer can also waive it. If the buyer does get a report, the DPH form says they must give the seller a copy.

Section 197A says the seller must allow "a period of ten days or such longer time as the parties may agree," through a lead inspection contingency or otherwise. The federal rule also provides a 10-day opportunity, and the EPA notes that the parties may agree in writing to change the period and that buyers may waive it. The Massachusetts certification form records which happened: the buyer initials either that they received the 10-day opportunity, or a mutually agreed period, or that they waived it. The DPH form says the 10-day period does not apply to foreclosure sales.

Does repainting before you list change what you disclose?

No. Paint over lead paint does not remove the lead, and it does not remove the duty to disclose what you know. The DPH notification notes that lead paint covered by layers of nonleaded paint is still there and can be disturbed by wear or repair work.

Repainting before a listing is still worth planning, and our post on what to paint before selling your home covers which rooms matter most. On a pre-1978 house the prep is the part to plan carefully. Scraping, sanding and removing painted parts can disturb old paint, and the federal Renovation, Repair and Painting rule governs how paid contractors do that work. Before you hire anyone for pre-listing work on an older house, ask how they handle it and whether they hold EPA RRP certification. The lead paint guide covers what that rule requires.

The DPH notification singles out windows: lead paint on moving surfaces such as sashes releases fine dust through normal use. If your windows need work, see painting wood window sashes in older Massachusetts homes.

How long do you keep the paperwork, and what if it is skipped?

Keep a signed copy of the disclosures for 3 years after the sale is completed. That is the federal requirement on the EPA's disclosure page. Under Massachusetts law, skipping the notification can bring a civil penalty and liability for damages.

Section 197A makes an owner who fails to comply liable for all damages caused by the failure, with a civil penalty "not to exceed one thousand dollars." For anyone engaged in trade or commerce, such as an agent, a violation is also treated as an unfair and deceptive act under the state consumer protection law, chapter 93A. Federal penalties are separate.

Frequently asked questions

Do I have to disclose lead paint when selling a house in Massachusetts?

Yes, for any home built before 1978 you must give the buyer the state Property Transfer Lead Paint Notification, disclose what you know about lead, and provide any lead reports or letters before the purchase and sale agreement is signed.

Do I have to get a lead inspection before selling my house?

No, the Massachusetts Department of Public Health notification states there is no requirement for a lead inspection or risk assessment before a sale, though any report you already have must be given to the buyer.

How long does the buyer have for a lead inspection in Massachusetts?

The buyer has at least 10 days to arrange a lead inspection or risk assessment, or a longer period if seller and buyer agree, and the buyer may waive the opportunity on the certification form.

How long should a seller keep the lead disclosure form?

The EPA requires keeping a signed copy of the lead disclosures for three years after the sale is completed, so file it with your closing documents and keep it for at least that long.

Does painting over lead paint before selling remove the disclosure requirement?

No, painting over lead paint does not remove the lead or the duty to disclose what you know, and the prep work on a pre-1978 house falls under the EPA Renovation, Repair and Painting rule.

The bottom line

If your house was built before 1978, the lead disclosure is part of selling it in Massachusetts. Give the buyer the DPH notification package, share what you know and any lead records you have, get the certification signed before the P&S, allow the 10-day inspection window, and keep a signed copy for 3 years. You do not have to test first, and fresh paint does not change any of it. For the official forms, start with the EPA disclosure page and the Department of Public Health's Property Transfer Lead Paint Notification, which your agent can supply.

Paint Pro New England has painted older homes in Needham, Wellesley, Holliston, Medfield and the rest of our 18 towns since 2011, with Benjamin Moore and Sherwin-Williams products, full insurance and a 2-year warranty on our work. If you are getting a house ready to list, call (774) 217-9567 for an honest read on what is worth painting. For the full scope in your town, see interior painting in Needham and exterior painting in Wellesley.