Legal Question in Real Estate Law in Massachusetts

Re: Real estate

This is something which is not an easy question to answer. You should engage legal counsel.

As a Buyer, you were required to receive a warning notice concerning the lead paint laws, and you were given a mandatory ten day period to have the property inspected for lead (whether or not you chose to waive that period), prior to execution of a long form P&S, so-called.

The seller did not represent that there was not lead on the premises, and if it is old housing stock, the likelihood is that there was lead. Consequently, it becomes harder to assert that the seller's misrepresentation was material.

However, because of the great significance of a finding that there is lead on the premises, and potential ramifications, you would have some leverage if you have proof that the prior owner hid a positive lead test result, and that the testing revealed significant lead problems.

(Note that it would be much more significant if the Seller had affirmatively stated that there was No Lead.)

You should contact a lawyer. The amount of time you have to act is dependent upon many factors, and it would be too involved to explain here (and might require you to reveal too much confidential information on a public forum). You shouldn't delay, in case time is running out...