We are saying that we would have signed the Property Transfer Lead Paint Notification (PTLPN) form if the seller's attorney provided it for signing. The attorney's generic disclosure form was an addendum to the Offer To Purchase. We signed the Offer To Purchase but did not sign or initial the disclosure addendum.
The issues are:
1. Since the seller did not provide the PTLPN form when required, a clear violation of MA law and Fed law, can this be used as a negotiating point to lower the sale price? This is the real point we were trying to get across.
2. The bank will require the PTLPN form signed at closing by us to get the mortgage loan. If we can't get the seller to agree in a small reduction of the sale price and we then refuse to sign the PTLPN form, the bank won't provide the mortgage loan. With no funds, there will be no transfer of deed. We will lose our deposit and incur other costs, which are damages caused by the seller not providing the PTLPN form BEFORE the P & S was signed. With no closing, do we have a right to remedy for all costs incurred as the law states??
3. We have talked to two attorneys who agree our right to remedy won't survive the closing. However they don't think it's a winnable case if we don't agree to sign the PTLPN form at closing despite the law stating it MUST be signed prior to entering into the P & S contract. Would you agree??
4. If you do agree, what real purpose does the PTLPN form and law serve since any right to remedy, or to recover all costs and damages as the law states, will not survive closing? Thanks so much for your responses.