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UFFI AGREEMENT |
UFFI
AGREEMENT
In consideration of the Mortgagee granting to me a mortgage loan, the undersigned Mortgagor(s) hereby certify, acknowledge and agree:
1) That they have read the summary of its UFFI regulation (105 C.M.R. 650.00-650.990) set forth below and are aware of both the potential hazards of UFFI and their rights under the regulation.
2) That Mortgagee has made no independent inspection of the premises for UFFI and that the Mortgagee relies on Mortgagor(s) to make any inspections and obtain any information in general with respect to whether or not the premises are insulated with UFFI.
3) That in the event that the premises contains UFFI, the Mortgagor(s) will promptly request repurchase and removal of the UFFI pursuant to their rights under the regulation and that the Mortgagors will in no way rely on Mortgagee to seek said repurchase.
4) That they jointly and severally will hold Mortgagee, its successors and assigns harmless and indemnified from and against any and all loss, claims or damages (including without limitation reasonable attorneys' fees and any other reasonable fees and expenses incurred in connection therewith) growing out of or in connection with UFFI and/or the UFFI regulations as they relate to the mortgaged premises and the agreements and representations herein set forth.
SIGNED under SEAL and delivered to Mortgagee this * day of * , 200*.
BUYER
BUYER
UFFI
Urea Formaldehyde Foamed-in-place Insulation ("UFFI") became a popular home insulator in the mid-1970's because of its efficiency and its potential for lowering consumer heating bills. By 1979, however, critics across the country began wondering just how safe it was to insulate with formaldehyde. In Massachusetts, various studies indicated that the gasses omitted by UFFI were toxic and an irritant to both skin and eyes. Thus, pursuant to his authority under Chapter 94B, Massachusetts General Laws, the Commissioner of Public Health issued 105 C.M.R. 650.00-650.990 (the "regulation"), declaring UFFI a hazardous substance as of November 14, 1979. This regulation serves to ban the sale, distribution and use of UFFI and requires its removal and repurchase from homes where it is/has already been installed.
The specific repurchase procedures are as follows. First, the owner of a UFFI-insulated building who desires removal must send to the Department of Public Health (the "Department") a letter containing (1) his repurchase request, (2) verification of his ownership of the building, (3) a statement that UFFI was installed in his building on a particular date, and (4) a list of the names and addresses of the installer, distributor or manufacturer of the UFFI in question, or its component parts (the "suppliers"). In addition, the owner shall forward two copies of each written contract or communication between the original purchaser of the UFFI and the supplier(s) responsible for installing said UFFI.
Assuming the suppliers object to the removal request, the adjudicatory hearing is the next step. This process, begun by the designation of a hearing officer by the Commissioner, is designed to resolve but one issue - did the named supplier(s) supply the UFFI in question or any of its component ingredients? It should be noted that the burden of proof with respect to this question is on the homeowner. Upon hearing the evidence, the officer submits a tentative decision to the Commissioner for his approval. If it is indeed found that one or more of the suppliers is responsible, the Commissioner issues to the owner a "certificate of the right to repurchase." The owner then sends a copy to any one supplier identified in the certificate. Upon receipt, the supplier is under an absolute obligation to repurchase.
Following the certificate's issuance, the actual removal begins. First, the owner selects three contractors from Massachusetts to perform the work and so notifies the supplier to whom he sent the certificate. The supplier must, in turn, enter into negotiations with the contractors within 14 days of the owner's mailing of the certificate and within 30 days of said mailing, the supplier must reach agreement with one of them. The contractor selected then removes the UFFI from the home and preforms any repairs necessitated by removal. Not only must the supplier fund this removal and repair, but he must refund the purchase price of the UFFI to the owner as well.