Real Estate 101: Lead Paint Disclosure

Posted by Tom Crimmins Realty on Thursday, April 7th, 2016 at 1:33pm.

Lead Paint PampletWhether you are listing your home or you are buying the Staten Island home of your dreams - you are given a handful of paperwork to fill out and sign. But do you understand any of it? Well one of the important pieces of paperwork that is given to homeowners and buyer is the lead paint disclosure form. 

Before 1978, most homes and condominiums built had lead-based paint. Throughout the years, as many paints do, it chips or deteriorates and turns to lead dust which causes a serious health problem. It's important for Staten Island first time homebuyers to get an understanding of the lead-based hazards they may encounter. 

"Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X, to protect families from exposure to lead from paint, dust, and soil. Section 1018 of this law directed HUD and EPA to require the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978." (HUD.gov)

Know your responsibilities and what you need to bring to the table on the selling, buying and leasing sides. Below checklist is provided by the U.S. Department of Housing and Urban Development.

    • Give an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards.
    • Disclose any known information concerning lead-based paint or lead-based paint hazards. The seller or landlord must also disclose information such as the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.
    • Provide any records and reports on lead-based paint and/or lead-based paint hazards which are available to the seller or landlord (for multi-unit buildings, this requirement includes records and reports concerning common areas and other units, when such information was obtained as a result of a building-wide evaluation).
    • Include an attachment to the contract or lease which includes a Lead Warning Statement and confirms that the seller or landlord has complied with all notification requirements. This attachment is to be provided in the same language used in the rest of the contract. Sellers or landlords, and agents, as well as homebuyers or tenants, must sign and date the attachment.
    • Sellers must provide homebuyers a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. Homebuyers may waive this inspection opportunity.

Ask to get a lead hazard inspection from a certified inspector before signing any contract or lease, if you have doubts. Everyone in a real estate transaction play an important role in protecting the health of those concerned.

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