Handling seller saying "There is no lead paint"

[Scott P.]

I am looking to purchase my first multifamily, and 8-unit building built in 1920. This is in Massachusetts.

I asked about lead paint, and the response was that the unit was rehabbed in the 1980s and the seller thinks he has paperwork from then showing that the lead paint was gone. A Massachusetts search shows no lead paint inspections. The seller later stated specifically "There is no lead paint." From what I understand, the chances that there was never lead paint in the building is almost zero, and that even after extensive work there is almost always some lead paint left.

To me, this seems very different than saying "I don't know if there is lead paint" (which seems to be the way things normally work, at least in Massachusetts where lead paint laws are strict). By saying there is none, the assumption (to me) is that I shouldn't need to budget for lead paint when coming up with my offer.

I made an offer, got a counter offer, and said that I would accept the counter offer if I could get a lead paint inspection done (I didn't know then that the law lets me unless I waive the right).

So if a lead paint inspection shows that there is lead paint, should I get quotes for abatement and try to get the seller to cover the whole cost? At that point, he could likely refuse, but then he would be stuck finding another buyer, who he will have to disclose the lead paint to.

[Calvin Lipscomb]

Originally posted by @Scott P.:

I am looking to purchase my first multifamily, and 8-unit building built in 1920. This is in Massachusetts.

I asked about lead paint, and the response was that the unit was rehabbed in the 1980s and the seller thinks he has paperwork from then showing that the lead paint was gone. A Massachusetts search shows no lead paint inspections. The seller later stated specifically "There is no lead paint." From what I understand, the chances that there was never lead paint in the building is almost zero, and that even after extensive work there is almost always some lead paint left.

To me, this seems very different than saying "I don't know if there is lead paint" (which seems to be the way things normally work, at least in Massachusetts where lead paint laws are strict). By saying there is none, the assumption (to me) is that I shouldn't need to budget for lead paint when coming up with my offer.

I made an offer, got a counter offer, and said that I would accept the counter offer if I could get a lead paint inspection done (I didn't know then that the law lets me unless I waive the right).

So if a lead paint inspection shows that there is lead paint, should I get quotes for abatement and try to get the seller to cover the whole cost? At that point, he could likely refuse, but then he would be stuck finding another buyer, who he will have to disclose the lead paint to.

 Before you even conduct the test I would have a discussion with the seller.  A straight forward question; "Are you willing to negotiate if lead is present?"  That lets you know where you stand.  His answer should be an immediate yes for a number of reasons.  If he says no then that would raise questions for me.