The Residential Real Estate Offer in Massachusetts: What to Look For Before Signing on the Dotted Line

In addition to mortgage financing and general structural and pest inspection contingencies, your Offer on a Massachusetts residential property should be made subject to satisfactory results of the items discussed below. You will be making one of the largest investments of your lifetime; spending a few extra dollars now on inspections will result in greater savings in remedial costs and inconvenience later.

Asbestos is usually found as insulation around pipes. As it ages, it crumbles, releasing toxic particles into the air we breathe. Removal or encapsulation is not very complicated, but must be done by a professional to ensure minimal release of dust or particles into the air. Know before you buy.

Highly effective in elimination those pesky ants. Unfortunately, also effective in hurting other animals and humans. Know before you buy.

Massachusetts law requires that if you will have a child under six years of age living in a dwelling, you must remove or cover lead paint as provided by the statute. This obligation is placed on the owner of the property. As a buyer, you have the right, within ten days of receiving the Lead Paint Property Transfer Disclosure, to have the property inspected for the presence of lead based materials. If lead paint or other lead based materials are present, the costs of removal may be negotiable with the seller. Even if you have no immediate plans to bring a child under six years of age to live in the house, you will probably be selling the house in the future and you may be forced to deal with the lead issue at that time. If you know about the presence of lead paint before you buy, you may not need to bear the full cost of its removal. Know before you buy.

Radon is a colorless, odorless, toxic gas which seeps into homes from the earth below. Testing for the presence of radon is simple. Remedial action can be as simple as installing a fan in the basement or as costly as an elaborate ventilation system. Know before you buy.

Title 5 of the State Environmental Code requires an inspection and certification of a septic system within two (2) years prior to the sale of the property served by the septic system. It is the seller's responsibility to obtain the inspection, which must be performed by a Department of Environmental Protection (DEP) approved inspector. The seller must furnish a copy of the inspection report to the buyer. Within thirty days after the inspection, the inspector must submit a copy of the inspection report to the local board of health. Although it is the seller's responsibility to obtain the inspection, the parties may negotiate allocation of the cost, not only of the inspection and certification, but also the repair or replacement of the system, if necessary. Any such repair or replacement must be completed within two (2) years of discovery of the system's failure under the Title 5 criteria. Know before you buy.

This toxic substance was an easy, inexpensive alternative to fiberglass insulation. Years after its initial use, it was discovered to release toxic fumes. It can not be covered nor treated in any manner to reduce its toxicity. The only solution is removal, which is costly and time consuming. In some cases, the costs can run into the tens of thousands of dollars. Massachusetts law requires sellers of real estate to take reasonable steps to determine whether UFFI is present in the dwelling, and if so, to disclose that presence to perspective buyers. Many sellers simply rely on the representations received from their sellers, without having personal knowledge of the facts. You may rely on your seller's representation, but if the seller has misrepresented the presence of UFFI, you will incur the up-front expenses and inconvenience of removing the UFFI and the expense of litigation before you will recover any money from the seller. Know before you buy.