Frequently Asked Questions

Legal Hotline FAQ

a blog of the most frequently asked questions to the MAR legal hotline.


Cindy Sellers
Cindy Sellers
Cindy Sellers's Blog

Could you explain the the federal law regarding lead-based paint disclosure?

The federal disclosure requirements only apply to properties constructed prior to 1978. So, if the date of construction is after 1978, federal law does not apply.The following is a summary of the federal requirements:
 
Sellers and lessors of most residential housing built before 1978 must disclose the presence of known lead-based paint and/or lead-based paint hazards in the housing:
Sellers and lessors must provide purchasers and lessees with any available records or reports pertaining to the presence of lead-based paint hazards in the housing;
Sellers and lessors must provide purchasers and lessees with a Federally approved lead hazard information pamphlet;
Sellers must provide purchasers with a 10-day opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards before the purchaser is obligated under any purchase contract;
Sales and leasing contracts must include certain disclosure and acknowledgment language; and
Agents must ensure compliance with these requirements.
For more information from NAR on lead paint, click here
For more information from the EPA on lead paint, click here.
 


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