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Lead based paint - constructed before 1978

Posted By: Ute Appleby In: Documents for buyers and renters
Date: Sun, Jul 17th 2016 5:18 pm

The Lead based paint issue ! Important info for Buyers, Sellers, Landlords and Renters ! 

Homes and condos built before 1978 have lead-based paint. Paint that has chipped or is deteriorating, or on surfaces that rub together such as windows and doors, creates lead dust which can pose serious health hazards to occupants and visitors. Before signing a contract, a buyer or renter needs to know if lead is present .

For buyers and renters: 

Federal law requires that before being obligated under a contract to buy or rent housing built prior to 1978, buyers or renter must receive the following from the home seller or landlord: 

  • An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards titled: "Protect your family from lead in your home".
  • Any known information concerning the presence of lead-based paint or lead-based paint hazards in the home or building.
  • An attachment to the contract which discloses, if seller is aware or not aware of lead based paint.
  • A request to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree in writing to do an inspection or waive the right for an inspection.
  • Federal law requires that before signing a lease for housing built before 1978, renters must receive the same and an An attachment to the contract, or language inserted in the contract, that includes a "Lead Warning Statement" and confirms that the seller or landlord has complied with all notification requirements.

A real estate agent, we have an important role in protecting the health of families purchasing and moving into a home built before 1978. Buildings will likely to have lead-based paint. Federal law requires you to provide certain important information about lead paint before a prospective buyer is obligated under a contract to purchase your home.

Real estate agents must:

  • Inform the seller of his or her obligations under the Real Estate Notification and Disclosure Rule. In addition, the agent is responsible if the seller or lessor fails to comply; unless the failure involves specific lead-based paint or lead-based paint hazard information that the seller or lessor did not disclose to the agent. Read the regulations that includes these requirements.
  • Provide the EPA-approved information pamphlet, and attach it to the purchase contract, or insert language in the contract, a "Lead Warning Statement" and confirmation that you have complied with all notification requirements or that right of inspection has been waived.

There are a lot of guidelines and rules and regulations to follow in any real estate transaction. Work with a professional Realtor for best guidance and advise, especially if you look to buy or lease a home in the Charleston SC area where many building were built before 1978 and might not have been fully renovated as of this date. You can search for homes on my website at www.DefinitelyCharleston.com or reach out to me at 843-345-2625 or mail to:uappleby@gmail.com