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Bill > H290


MA H290

MA H290
Providing information to real estate buyers.


summary

Introduced
01/22/2013
In Committee
01/22/2013
Crossed Over
Passed
Dead
08/01/2014

Introduced Session

188th General Court

Bill Summary

Relative to providing information to real estate buyers. Consumer Protection and Professional Licensure.

AI Summary

This bill amends Chapter 184 of the General Laws by adding a new section that outlines disclosure requirements for real estate transactions, particularly concerning environmental hazards. It establishes that a seller (transferor) or their real estate agents (listing or selling agent) will not be held liable for errors or omissions in the provided information if the inaccuracies were not within their personal knowledge and were based on information from public agencies or other specified sources, provided they exercised ordinary care in obtaining and transmitting it. The bill also states that if a public agency or other authorized entity provides the required information directly to a potential buyer (prospective transferee), this fulfills the seller's or agent's obligation for that specific piece of information. Crucially, the bill mandates that an environmental reporting expert, when requested, must determine if a property is located within a half-mile radius of certain environmental hazard sites, such as leaking underground storage tanks, landfills, Superfund sites (both proposed and final), hazardous waste sites, and former Department of Defense sites, as listed by relevant agencies like the Massachusetts Department of Environmental Protection and the U.S. Environmental Protection Agency. If the property is within this radius, the expert's report must include a notice informing the buyer about the proximity to an environmental hazard site and advising them to investigate further before purchasing.

Committee Categories

Labor and Employment

Sponsors (1)

Last Action

Accompanied a study order, see H4042 (on 04/17/2014)

bill text


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