Lead Paint - Deal breaker?

Question

Would you buy a property that has no lead certs on file that is near the top of your budget, so there's no room to get the property de-leaded?

How big of deal is it to you if the property has not been de-leaded? Specifically talking about Massachusetts, but curious about other areas as well.

Your friend,

Robert Loiselle · Answer

@Nick Mulligan So the unit is the unit number that was tested in a multifamily building.  What this record means is that back in 2003, a comprehensive initial inspection was done on Unit #1.  They didn't find any lead hazards (doesn't necessarily mean there's no lead) that needed to be abated.  That unit then received a letter of compliance.  When testing a single unit in a multifamily building, the inspector tests the entire unit, as well as common areas for that particular unit, and the entire exterior of the whole building.

The inspector that did the inspection is listed in the database.  You can try to reach out to them to get the original report and certificate if they're still in business.  They may charge you 25 bucks or so for a copy.

The good news here is that the probability that you have lead in other units is lower now that we know there's one unit in the building that passed on the initial testing.  If I were you, I would get the testing done.  Especially now knowing that there's a good chance this property may not have a lot of lead that needs to be abated based on previous results.

When you buy a property in MA, you have 90 days from the date of purchase to bring the property into compliance before your liability under the lead paint laws kicks in.

Owen D. · Answer

@Nick Mulligan, the state's Get the Lead Out program has some pretty good rates and loan limits for owner occupants but also for non-owner occupant investors. I have not yet used the program but am currently looking into it myself.

Here is the link:

https://www.mass.gov/service-details/learn-about-f...

Good luck!

Here is the link:

https://www.mass.gov/service-details/learn-about-f...

Good luck!

Robert Loiselle · Answer

@Nick Mulligan  I'm a lead paint inspector in MA as well as a buy/hold investor.  You hold all the liability with a property that you're renting that doesn't have letter of compliance in MA (much stricter than elsewhere in the country).  It's a really big gamble to not get the property deleaded.  The lead paint laws in MA were actually changed back in Dec of 2017 and eliminated quite a few surfaces that needed to be deleaded.  This lowered the cost quite a bit for landlords.

Check to see if the property has been tested before.  Here's a link to the database maintained by the state on properties that have been tested.  https://eohhs.ehs.state.ma.us/leadsafehomes/defaul...

How old is the house?  Is it a SFR or multifam?  Is there a lot of peeling/flaking paint?

Charlie MacPherson · Answer

@Nick Mulligan Itr’s a VERY big deal, Nick.  If you rent to a family with kids 6 or under, you must de-lead.  You cannot refuse to rent to them because of the presence of lead paint.  If you do, you’ll get sued and will be hit with crippling fines.

I’d write the offer contingent on lead testing.  Or if you think you can push harder (maybe not in this very strong seller’s market), contingent on the seller providing de-leading carts.

Otherwise, if the numbers are that tight, it’s a deal breaker.

Nick Mulligan · Answer

@Robert Loiselle The house was built sometime around 1900. Can't know for sure since the records were destroyed when the town hall burned down some time ago. Is it true that past tenants can sue the new owner of a property?

Also, when checking that link and the multifamily house only has "1" for the unit section, does that mean that only 1 of the units has a cert on file, or do they categorize the whole property as 1 unit?

Nick Mulligan · Answer

@Robert Loiselle I plan on this being a buy and hold. Not too many up front repairs. Mostly turnkey besides general stuff like carpets.

Kelly N. · Answer

What kind of costs are associated with de-leading?

Here in Michigan, we just have to disclose to renters (or buyers) that there may be lead in any home built before 1978, give them a copy of the EPA's handbook on protecting your family from lead, and furnish them with any reports that we may have.  I have had 2 houses that had peeling paint on them scraped and painted, and had to find a lead certified contractor to handle that due to the flaking pain clean up, but other than that I think we have it pretty easy here.  Future paint jobs will be much less expensive since we won't have to deal with flaking paint.

Robert Loiselle · Answer

@Nick Mulligan  What's your plan for the property after buying it?

Dennis M. · Answer

@Nick Mulligan

Here in pa it’s no big deal but I know you guys really get hit over that stuff . Probably a deal breaker there . Practice your due diligence carefully

Lead Paint - Deal breaker?

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