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Real Estate Sellers Tools |
Sellers Must Disclose Lead-Paint Risks
Home is where we expect to find a safe haven, but there is
a major
health threat lurking in homes built before the 1980s that jeopardizes
unsuspecting families across the U.S. The danger is lead poisoning,
possibly the worst environmental health problem affecting children
today, health specialists say. It's so bad that Federal officials
are targeting property owners who fail to warn tenants about health
risks from lead in paint, as required by federal law. But it's not
just landlords who need to take action, or just children who are endangered;
it's everyone, including homeowners, home sellers and homebuyers who
must know the dangers of lead and what to do about it.
Lead is a highly toxic substance that was banned for use in paint
in 1978. Nationally, about 890,000 children under 6 have excessive
lead levels in their blood, according to the Centers for Disease Control
and Prevention. Threats to children include irreversible brain damage,
impaired mental functioning, retarded mental and physical development,
and reduced attention span. Lead poisoning can also retard fetal development
even at extremely low levels. In women and men, it can cause nerve
damage and reproductive problems. It may also increase blood pressure.
Young children can get lead poisoning by eating paint chips. Anyone
can get it from ingesting or inhaling lead dust created when paint
is deteriorating, or when it is removed or disturbed. The problem
is primarily in homes built before the ban took effect. Latex water-based
paints generally have not contained lead. But heavily-leaded paint
is found in about two-thirds of the homes built before 1940, one-half
of the homes built from 1940 to 1960, and some homes built after 1960,
according to the Department of Housing and Urban Development. It may
be on any interior or exterior surface, particularly on woodwork,
doors, and windows.
The federal enforcement crackdown is against landlords who did not
warn their tenants about lead in paint, as required by the Residential
Lead-Based Paint Hazard Reduction Act of 1992. Legal action has been
taken against 50 landlords in 20 cities since last August, primarily
in urban multi-family housing, leading to hundreds of thousands in
fines and millions in clean-up actions. But the law goes beyond landlords.
Every home seller must warn the homebuyer about lead-based paint hazards.
Sellers and landlords of homes built prior to 1978 must do the following
for homebuyers or tenants:
1 - Provide an EPA-approved information pamphlet on identifying and
controlling lead-based paint hazards in the home
2 - Disclose any known information concerning lead-based paint or
lead-based paint hazards, including information such as the location
of the lead-based paint, and the condition of the painted surfaces
3 - Provide any records and reports on lead-based paint that are available
to the seller or landlord
4 - Include an attachment to the contract or lease (or language inserted
in the lease itself) which provides a Lead Warning Statement and confirms
that the seller or landlord has complied with all notification requirements
5 - Provide homebuyers a 10-day period to conduct a paint inspection
or risk assessment for lead-based paint. (Buyer and seller may mutually
agree in writing to lengthen or shorten the time period for inspection,
or homebuyers may waive this inspection opportunity.)
If you did not receive the Disclosure of Information on Lead-Based
Paint and/or Lead-Based Paint Hazards form when you bought or leased
pre-1978 housing, contact the National Lead Information Clearinghouse
at 1-800-424-LEAD.
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