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Certificate ofParticipation
The seller authorizes the brokers or salespersons to provide the following information to prospective buyers. This information is based upon the sellerīs actual knowledge and is not intended as a guarantee of the condition of the property or the continued satisfactory operation of any system.Property Address __________________________________________
Property Address __________________________________________
YES
NO
UNKN
I. TITLE/ZONING/BUILDING/INFORMATION
a) Do you know of any easements, common driveways, or rights of way pertaining to the property? If yes, explain_______________________________________________
a) Is the current use nonconforming in any way? Explain_______________________________________________
a) Were permits obtained?b) Was the work approved by inspector?
II. SYSTEM UTILITIES INFORMATION
Do you know of any current problems with the systems listed below? Please explain any work you have had done.
Did system fail inspection?Is system shared with other homes?Date it was last pumped _____________Frequency _______________________
a) Bathroom ventilation problems? Explain_______________________________________________
d) Any known problems with water quailty/quantity?_______________________________________________
e) Is there a filtration system? Age/Type of filtration system_______________________________________________
f) Water quality problems? Explain_______________________________________________
g) Flow rate (gal/min) _____________Report: Attached _______ Not Attached _______
Any known problems? If yes, explain_______________________________________________
III. BUILDING/STRUCTURAL IMPROVEMENTS INFORMATION
a) Sump Pump? If yes, age ____ location ___________Problems? ___________________________________
Problems with floors (buckling, sagging, etc.)? Explain_______________________________________________
a) EXTERIOR Walls: Problems? Explain_______________________________________________
a) Has UFFI (Urea Formaldehyde Foam Insulation) ever been installed? If yes, location ________________________
b) Has testing for UFFI been performed? If yes attach report.
a) Has material been encapsulated? If yes, explain how and when materials were encapsulated_______________________________________________
a) Has paint been encapsulated? If yes, when and by whom?_______________________________________________
IV. CONDOMINIUM INFORMATION
Is reimbursement expected?
V. RENTAL PROPERTY INFORMATION
Have units been added/subdivided since original construction?If yes, have permits for new/added units been obtained?
Any tenants without leases?Is owner holding last monthīs rent __________ security deposit? __________ If yes, had interest been paid? _____a) If security deposit held, attach a copy of statements. Attached _____ Not attached _____
VI. MISCELLANEOUS INFORMATION
VII. EXPLANATORY MATERIAL
The following clauses are provided for descriptive purposes only. For detailed information, consult the Massachusetts Department of Public Health, the Massachusetts Department of Environmental Protection, or other appropriate agency, or your attorney.
A. Flood Hazard Insurance Disclosure ClauseThe lender may require Flood Hazard Insurance as a condition of the mortgage loan if the lender determines that the premises is in a flood hazard zone.B. Chlordane Disclosure Clause (Question 47)Pesticide products containing chlordane were banned in Massachusetts on June 11, 1985, following a determination by the Department of Food and Agriculture that the use of chlordane may cause unreasonable adverse effects on the environment including a risk of cancer. Although existing data does not conclusively prove that significant health effects have occurred as a direct result of chlordane use, the long-term potential health risks are such that it is prudent public health policy, according to the Department, to eliminate the further introduction of chlordane into the environment.C. Urea-Formaldehyde Foam Insulation Disclosure ClauseThe buyer acknowledges that he has been advised that Urea Formaldehyde Foam Insulation (UFFI) has been declared by the Massachusetts Department of Public Health (DPH) to be a banned hazardous substance and that new installation is prohibited. Where UFFI was previously installed, the seller is required to advise the buyer (1) where such UFFI is located and, if known, when it was installed; (2) a copy of test results concerning the air level of formaldehyde, and (3) a copy of information from the DPH concerning UFFI and formaldehyde levels. Under certain circumstances the cost of removal may be reimbursed. Exposure to hazardous levels of formaldehyde may cause personal injuries, including headaches, nausea or cancer. The buyer acknowledges that he has been advised to consult the DPH or his attorney for further information.D. Asbestos Disclosure ClauseThe United States Consumer Product Safety Commission has maintained that asbestos materials are hazardous if they release separate fibers which can be inhaled. Asbestos is a common insulation material on heating pipes, boilers, and furnaces. It may also be present in certain types of floor and ceiling materials, shingles, plaster products, cements and other building materials. The buyer may have the property professionally inspected for the presence of asbestos and if repair or removal of asbestos is desired, proper safety guidelines must be observed.
The lender may require Flood Hazard Insurance as a condition of the mortgage loan if the lender determines that the premises is in a flood hazard zone.
B. Chlordane Disclosure Clause (Question 47)
Pesticide products containing chlordane were banned in Massachusetts on June 11, 1985, following a determination by the Department of Food and Agriculture that the use of chlordane may cause unreasonable adverse effects on the environment including a risk of cancer. Although existing data does not conclusively prove that significant health effects have occurred as a direct result of chlordane use, the long-term potential health risks are such that it is prudent public health policy, according to the Department, to eliminate the further introduction of chlordane into the environment.
C. Urea-Formaldehyde Foam Insulation Disclosure Clause
The buyer acknowledges that he has been advised that Urea Formaldehyde Foam Insulation (UFFI) has been declared by the Massachusetts Department of Public Health (DPH) to be a banned hazardous substance and that new installation is prohibited. Where UFFI was previously installed, the seller is required to advise the buyer (1) where such UFFI is located and, if known, when it was installed; (2) a copy of test results concerning the air level of formaldehyde, and (3) a copy of information from the DPH concerning UFFI and formaldehyde levels. Under certain circumstances the cost of removal may be reimbursed. Exposure to hazardous levels of formaldehyde may cause personal injuries, including headaches, nausea or cancer. The buyer acknowledges that he has been advised to consult the DPH or his attorney for further information.
D. Asbestos Disclosure Clause
The United States Consumer Product Safety Commission has maintained that asbestos materials are hazardous if they release separate fibers which can be inhaled. Asbestos is a common insulation material on heating pipes, boilers, and furnaces. It may also be present in certain types of floor and ceiling materials, shingles, plaster products, cements and other building materials. The buyer may have the property professionally inspected for the presence of asbestos and if repair or removal of asbestos is desired, proper safety guidelines must be observed.
E. Lead Paint Disclosure ClauseWhenever a child under six years of age resides in any residential premises in which any paint, plaster or other accessible material contains dangerous levels of lead, the owner is required by law, to remove all said paint, plaster or cover with appropriate materials so as to make in inaccessible to a child under six years of age. Consumption of lead is poisonous and may cause serious personal injury. Whenever such residential premises containing dangerous levels of lead undergoes a change of ownership, as a result, a child under six years of age will become a resident, the new owner is required by law to remove said paint, plaster or cover with appropriate materials so as to make it inaccessible to such child.F. Hazardous Materials Disclosure ClauseIn certain circumstances Massachusetts law can hold an owner of real estate liable to pay for the cost of removing hazardous or toxic materials from real estate and for damages resulting from the release of such materials, according to the Massachusetts Oil and Hazardous Material Release and Response Act, General Laws, Chapter 21E. The buyer acknowledges that he may have the property professionally inspected for the presence of, or the substantial likelihood of release of oil or hazardous material and such proof of inspection may be required as a prerequisite for financing the property.G. Radon Disclosure ClauseRadon is an odorless, colorless, tasteless gas produced naturally, in the ground by the normal decay of uranium and radium. Radon can lead to the development of radioactive particles which can be inhaled. Studies indicate the result of extended exposure to high levels of radon may increase the risk of developing lung cancer.
Whenever a child under six years of age resides in any residential premises in which any paint, plaster or other accessible material contains dangerous levels of lead, the owner is required by law, to remove all said paint, plaster or cover with appropriate materials so as to make in inaccessible to a child under six years of age. Consumption of lead is poisonous and may cause serious personal injury. Whenever such residential premises containing dangerous levels of lead undergoes a change of ownership, as a result, a child under six years of age will become a resident, the new owner is required by law to remove said paint, plaster or cover with appropriate materials so as to make it inaccessible to such child.
F. Hazardous Materials Disclosure Clause
In certain circumstances Massachusetts law can hold an owner of real estate liable to pay for the cost of removing hazardous or toxic materials from real estate and for damages resulting from the release of such materials, according to the Massachusetts Oil and Hazardous Material Release and Response Act, General Laws, Chapter 21E. The buyer acknowledges that he may have the property professionally inspected for the presence of, or the substantial likelihood of release of oil or hazardous material and such proof of inspection may be required as a prerequisite for financing the property.
G. Radon Disclosure Clause
Radon is an odorless, colorless, tasteless gas produced naturally, in the ground by the normal decay of uranium and radium. Radon can lead to the development of radioactive particles which can be inhaled. Studies indicate the result of extended exposure to high levels of radon may increase the risk of developing lung cancer.
VIII. ACKNOWLEDGMENTS
Seller(s) hereby acknowledge that the information set forth above is true and accurate to the best of my (our) knowledge. I (we) further agree to defend and indemnify the broker(s) and any subagents for disclosure of any of the information contained herein. Seller(s) further acknowledge receipt of copy of Sellerīs Description of Property. Seller _____________________________________ Date ______________ Seller _____________________________________ Date ______________ Buyer/Prospective Buyer acknowledges receipt of Sellerīs Description of Property. Buyer acknowledges that Broker has not verified the information herein and Buyer has been advised to verify information independently. Buyer _____________________________________ Date ______________ Buyer _____________________________________ Date ______________
Seller _____________________________________ Date ______________
Buyer/Prospective Buyer acknowledges receipt of Sellerīs Description of Property. Buyer acknowledges that Broker has not verified the information herein and Buyer has been advised to verify information independently.
Buyer _____________________________________ Date ______________
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