Smoke Detector Inspections Deferred During COVID-19 Emergency
Closings May Proceed Forward Without Smoke Detector Inspection Certifications
Due to the Coronavirus Crisis, many local fire departments have been ceasing state mandated smoke detector inspections, which are required for real estate transactions to close. I’m happy to report that on March 20, 2020, after intense lobbying from the real estate industry, Gov. Baker issued an Emergency Order allowing for the deferral of inspections by local fire departments until the Coronavirus (COVID-19) State of Emergency is lifted. The Order is embedded below and can be found here: COVID-19 Order Permitting the Temporary Conditional Deferral of Certain Inspections of Residential Real Estate.
Inspections may be deferred only if the following requirements have been met:
- The parties agree in writing that the buyer, not the seller, shall be responsible for installing approved smoke/CO detectors in the premises;
- The buyer agrees as a condition of taking title to equip the premises with approved detectors immediately after the closing
- The state required smoke/CO detector inspection must be conducted no less than 90 days after the Mass. COVID-19 State of Emergency is lifted.
We (real estate attorneys) are drafting up new compliance agreements and language for Offers and Purchase and Sale Agreement to comply with this new Order. Please email me at firstname.lastname@example.org for assistance.