LEAD-BASED PAINT DISCLOSURE REQUIREMENTS

The Five Basic Requirements of the Lead-Based Paint Disclosure Regulations that Sellers and Lessors must:

1.   Disclose the presence of known lead-based paint and/or lead-based paint hazards in residential dwellings built before 1978.

2.   Provide purchasers and lessees with copies of any available records or reports pertaining to the presence of lead-based paint and/or lead-based paint hazards.

3.   Provide purchaser and lessees with a federally approved lead-base paint hazard information pamphlet.

4.   Provide purchaser with a period of up to 10 days (or mutually agreed period), prior to becoming obligated under the purchase contract, during which time the purchaser may conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.  The purchaser may agree to waive this testing opportunity.

5.   Sales and lease contracts must include certain specified disclosure and acknowledgment language.

THE ROLE AND RESPONSIBILITY OF THE REAL ESTATE AGENT IS:

1.     to ensure that the seller or lessor satisfies the disclosure obligations when a seller or lessor uses the services of the real estate agent in marketing the property;

2.     to advise the seller or lessor of his obligation to make the required lead-based paint disclosures and to ensure that the seller or lessor satisfies his obligations when  the real estate agent has the listing.

3.   to ensure that the seller or lessor satisfies his obligations under the law when the real estate agent is involved in the transaction as a cooperating agent;

4.    to provide the purchaser and lessee with a federally approved lead-base paint hazard information pamphlet.