MA Buyers to assume smoke and carbon monoxide inspections
In Massachusetts, Sellers (well, their Agents) are required to obtain a Certificate of Compliance from the town’s fire department prior to Closing. An appointment would be made with the fire department, followed by an in-person inspection that would result in a certificate showing that the property’s smoke and carbon monoxide (CO) alarms meet requirements.
In light of COVID-19, MA’s declared state of emergency, and more fire departments suspending inspections, Governor Charles Baker on 20 March, 2020 signed an Order that would allow a deferment of these inspections.
The deferment would be allowed as long as:
The Parties to the sale or transfer have agreed in writing that the BUYER assumes responsibility for equipping the property with approved smoke detectors and carbon monoxide alarms.
The BUYER agrees as a condition of taking title to equip the property with approved smoke detectors and carbon monoxide alarms immediately upon taking title.
An inspection occurs no more than 90 days after the state of emergency is lifted.
Order Permitting the Temporary Conditional Deferral of Certain Inspections of Residential Real Estate
How does the Order Permitting the Temporary Conditional Deferral of Certain Inspections of Residential Real Estate affect purchase and sale parties
Buyers - prepare the assume costs of installation/repair of smoke and CO alarms if the house that you’re purchasing does not appear to be fully compliant. Post Closing, after the state of emergency is lifted, you’d need to make an appointment with the fire department to schedule for the inspection. Cost of the certificate range from $50 - $100 for a single-family home. You could have your Agent/Attorney work it out for a Seller’s credit at Closing.
Sellers - expect language in the Addendum to Offer reflecting awareness of this deferment. As an example drafted by the Massachusetts Association of REALTORS®:
During the state of emergency issued on March 10, 2020 due to the outbreak of the 2019 novel coronavirus (“COVID-19”), any inspection of a dwelling, building, or structure that is required by Sections 26F and 26F1/2 of Chapter 148 of the General Laws may be deferred as a condition of a sale or transfer of said dwelling, building, or structure.
The buyer and seller hereby agree that the buyer and not the seller shall be responsible to equip the property with compliant smoke and CO detectors or alarms in accordance with 527 CMR 1.00, Chapter 13. The Buyer agrees as a condition of taking title to equip the dwelling, building, or structure with approved smoke detectors and carbon monoxide alarms immediately upon taking title. Further, any inspection that would otherwise be required by Sections 26F and 26F1/2 of Chapter 148 of the General Laws shall be conducted no more than 90 days after the state of emergency is terminated. The Buyer shall deliver a copy of this agreement to the head of the fire department for the municipality in which the dwelling, building, or structure is located within seventy-two (72) hours from the date of this agreement.