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What are the rules on lead paint?

QUESTION:

I’ve decided to sell my house without the help of a real estate agent. A friend told me that because it was built in the 1960's, there are some rules about lead paint that apply. What’s he talking about?

ANSWER:

The federal Consumer Product Safety Commission banned the residential use of lead paint in 1978, except in housing for the elderly or disabled (unless a child under six is expected to live there) and in "zero-bedroom" dwellings (such as a studio apartment) where the living area is not separated from the sleeping area.

In 1992, Congress passed the Residential Lead-Based Paint Hazard Reduction Act. This caused the federal Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA) to develop rules that require sellers and landlords to inform buyers and renters about the use of lead paint and lead paint hazards in certain residential dwellings that were built before 1978.

The seller or landlord must disclose, both to any agent of the seller or landlord and to the buyer or renter, everything that he or she knows about the presence of lead paint or lead paint hazards on the property, including such information as the basis for the determination that the paint or hazard exists, its location and the condition of the painted surfaces.

The seller or landlord must provide copies of relevant reports and records, including reports of tests previously performed. He or she must provide the seller or renter with a federally-approved lead hazard information pamphlet and must allow the buyer ten calendar days to have a lead paint inspection or risk assessment performed at the buyer’s expense. The buyer can shorten or lengthen the number of days for this inspection or waive the requirement altogether but any agreement must be in writing.

Each contract for a sale or lease of targeted housing must include a lead warning statement alerting the buyer or renter to the hazards of lead poisoning and the right to disclosure; a statement that discloses what you know about the presence of lead paint or a lead paint hazard or must state that the seller or landlord has no knowledge of either; a list of the records and reports provided to the buyer or renter, or a statement that no such records are available; a statement that the buyer or renter has received the disclosure information and pamphlet and, for sale transactions, a statement that, before becoming contractually obligated, the buyer was given a 10-day opportunity to conduct a risk assessment.

You intend to sell your house without the assistance of a professional real estate agent. But should you choose to use one, he or she will understand the specific rules that apply to his or her role.

There are certain types of transactions for which the rules do not apply, such as foreclosure sales and the sale or servicing of a mortgage. It is usually best to seek professional advice before entering into any contractual agreement, especially the buying or selling of property.

This information is not intended as specific legal advice to anyone and is based upon facts that change from time to time. Individuals should seek legal counsel before acting upon any matter involving the law.

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