Triplex in Massachusetts with lead , buy or not to buy?

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Hi Juan.Lead paint should not scare you away. It is a negotiating tool. You are absolutely correct that if there's a child it will need to be deleaded. State law says you need to start within 90 days of acquiring the property to avoid liability if that child has high lead blood levels. It is illegal for the current owner to be renting to the tenant and he could be forced to to delead by the state of theu were to learn of it. Perhaps by a potential buyer????Unit #2 tested positive... we're 1 & 3 tested? If you're not sure, I can search the database for you to find out. If you message me the address I can pull it up for you. It is impossible to accurately guess at the cost of deleading without seeing the inspection report. If windows are covered in lead based paint (lbp) then they need to be replaced and that can get expensive quick. Same with exterior doors, they can get expensive if they're decorative with sidelights. With that being said... most units fall into the $3000 -$5000 range. Count the exterior/common areas as a unit, so your 3 family is a 4 unit. Use the higher number in your negotiations and tell them $20k to 2delead the entire building. Maybe you can get them to split the difference and drop $10k off the ask. There are loan programs through the state that don't require repayment until you sell the property, essentially taking the cost out of the end profit. You also do get the $1500 tax break per unit, but not the the exterior, so 4500 for the building. I'm assuming it's a triple decker with one unit per floor. If unit 2 (2nd floor) is the only one with a child, you will only be required to delead unit 2, the entire exterior, and the common stairways and hallways. However, you can only delead the stairs up to the 3rd floor. If you delead the third floor hall even though it's common, you are technically performing unauthorized deleading (UD) on uniit 3 and it's illegal. Even though there's aluminum siding, there's usually LBP on porches, thresholds, foundations, basement windows, facia, eaves, window sills, etc. so don't assume there's no exterior work, more then likely there will be. As mentioned above, it's the owners responsibility to house the tenants while work is going on, however, most tenants don't know this and just go to stay with family. Message me if you want me to check the building in the database for you. It's entirely possible that the owner had that unit inspected and is now selling to avoid the cost of Deleading. He may have had all the units inspected and just isn't telling you that. Once a unit is inspected, it becomes illegal to do any work in there until it's been deleaded by a licensed deleader. @Cody L. Massachusetts law requires a lead certificate on file with the state for a rental where children live or will be present for more then xx days a year. So even if there's a weekend dad, it will still need to be deleaded. You could be fined $500 per day that it's not, plus triple damages to the family. I know a landlord that lost her building to the tenant in a lawsuit. MA isn't messing around.

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What makes you think it needs "deleading"?

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Hi Juan, Add to your cost the requirement that you house the tenants while performing the deleading work. They--and especially the child--can't be there during the process and MA law requires you to supply housing. Leaving aside actual risk, once there is known lead and a child in the unit this MUST be done. Also, strict liability means even if the child has lead poisoning from another source you would be likely to still be held responsible. How about make the current owner do it? Make that offer and see the price come down further I suspect... Good luck!

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TAW and it has 3 units. 2 units are 3/1 and one is a 2/1 , Rent $1,100, $950 and $700 . I think I will be doing more research regarding the lead part before buying. Thanks all for your contributions.

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Research my brother will help you - Mass Deleading Help but the 2% Rule is very hard in this areas but it can be done - Are you marketing and looking for your own deals and finding properties, not on the MLS? Your numbers concern me but before I give my input what city is the property in because you're only getting $916 an apartment if your nonowner occupied. Also how many bedrooms also is key.

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@Juan GonzalezA good number of homes in MA are non de leaded... You just need to understand the laws very well if you plan on buying a building that is not de leaded. You are correct though, the 2% rule is very tough to crack in Massachusetts. You need to screen very well when you have turnover in the building Are the current tenants on leases or TAW?

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Massachusetts laws are not landlord friendly at all. Even if parents sign a document saying that they are aware of lead in the property you still liable. Also you cannot decline a tenant who has kids if you know the unit has lead because that would be discrimination.

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Do your not have LBP disclosures? If you do, did they sign as part of their lease? Maybe I just operate in a non nanny state where it's assumed parents will keep their kids from eating paint chips

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It is big liability if there is a kid already living in the unit. The kid is at risk for lead poisoning.