Which brochure must be given to all buyers and renters of target housing?
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A lead-based paint disclosure form is a form issued to all tenants and potential buyers for residential properties built before 1978 to outline the property’s history of exposure to lead-based paint. The paint specifically was outlawed by the U.S. Consumer Product Safety Commission at that time (16 CFR 1303) due to the hazard it poses when it chips. The forms were written to warn any new owners or tenants of the potential existence of this within the interior walls of the residence. Therefore, if an individual resides in an older home and witnesses chipping or cracking of paint, they should immediately notify the recommended local authorities. Show How to Know? To find out if a residential structure was built prior to 1978 the owner of the property should check with their local property assessor’s office or building department. Laws – 42 U.S. Code § 4852d Protect Your Family From Lead in Your Home – This pamphlet is required to provide information about lead paint to the new Buyer or Tenant. Table of ContentsFor HomebuyersAll homebuyers seeking to purchase a home that was built prior to 1978 should be given this document by the seller or their representative (agent). The one (1) page document’s purpose is for the new owner to acknowledge that it may exist on the property. Seller’s Disclosure of Lead-Based Paint Download: Adobe PDF For Renters/TenantsAll landlords that desire to rent a residential dwelling built before 1978 to an individual must attach this form to the lease agreement and have the tenant initial and sign. Download: Adobe PDF Supplemental BrochureThe United States Environmental Protection Agency (EPA) has created a guide to better help individuals, living in a structure built prior to 1978, understand the risks and what to avoid. Download: Adobe PDF Lead-Paint InspectionIf the landlord or seller would like to have an inspection conducted on the property, they may do so by using the EPA’s Inspection, Risk Assessment, and Abatement Firms Locator. The act applies to “target housing,” which is for the most part any housing constructed prior to 1978. There are certain small exceptions in situations that may involve target housing, such as lease renewals where a disclosure has already been made and no new information is available to the lessor, but for the most part, brokers should ensure that sellers and lessors fill out a disclosure form for every property built before 1978. 2. Lead Warning Statement & information pamphlet A specific Lead Warning Statement must be used for sales and leases. The statements are printed on the Residential Lead-Based Paint Disclosure Form (Form LPD) and in the body of the Residential Lease (Form RL). The warning statements – which are different for sales and leases – must be provided verbatim, and in the case of a sale must be in an addendum to an Agreement of Sale. Providing the warning statement in any other way is not compliant. A separate written statement must be made by the seller/lessor that either discloses the presence of any known lead-based paint hazards or indicates no such knowledge. There must also be a statement made that all information available to the seller/lessor about the presence of lead-based paint hazards has been provided to the buyer/tenant. If records and reports have been provided (and they must be), those documents must then be listed. Questions about lead-based paint and lead-based paint hazards are also included in Paragraph 19(C) of the Seller’s Property Disclosure Statement (Form SPD), but even if disclosed there, the information should still be provided separately along with the Agreement of Sale. The seller/lessor must also provide an EPA-approved lead hazard information pamphlet. The EPA pamphlet, Protect Your Family From Lead in Your Home, can be purchased from the U.S. Government Printing Office online and is available in PAR’s online library. The receipt of this pamphlet, and any records or reports provided by the seller/lessor indicated above, must be affirmed by the purchaser/lessee in writing. 3. Broker/agent requirements Any agent involved in the transaction must make a written statement acknowledging that the agent has a duty to ensure compliance with the act and that he has informed the seller/lessor of the requirements of the act. This statement by the agent is found in the Residential Lead-Based Paint Disclosure Form (Form LPD). 4. Record retention The act requires the seller/lessor and any agent to keep a copy of the disclosure statements for at least three years from the completion date of the sale or from the start of the lease period. At any time, it’s possible that a federal investigator might appear at your doorstep asking to see your paperwork. 5. Failure to make full disclosure Failure to make full disclosure does not create a defect in title, nor does it affect the validity of the sale or lease contract itself. Purchasers or tenants seeking recovery for non-disclosure will have to use the legal system and the civil remedies provided by the act, and other legal remedies under the seller disclosure or fraud laws might apply as well. But violators, which may include the agent, can be subject to civil and criminal sanctions for failure to comply. PAR has been made aware of PA brokers who were fined for non-compliance, but in most cases the fines were not for outright non-compliance, but for ‘technical’ compliance issues. For example, incomplete forms (signed only by one party), or forms with missing information have generated fines on more than one occasion. But if you take the time to comply and keep track of your records you should be able to avoid problems later on. Share Tweet Share Buffer Topics Share Tweet Share Buffer Related Articles Short-Term Rental Forms Updates Coming Jan. 1December 16, 2022 | Brougher, Desiree | Standard FormsGive Me My Refrigerator! And Other Fixture FunDecember 9, 2022 | Kacy Clouser, Esq. | Legal IssuesJust Disclose ItNovember 18, 2022 | Carter, Brian | Standard Forms | Legal IssuesSee More + Subscribe Comments (4) Subscribe To JustListed Daily EmailsSubscribe Login Notify of Label {} [+] Name* Email* Δ Label {} [+] Name* Email* Website Δ 4 Comments Oldest Newest Inline Feedbacks View all comments Philip J. Cunningham Sr 9 years ago How does this apply to Philadelphia’s Lead Ordinance that took effect on 12/21/2012 since they require all bedrooms and 1 common area and only window sills and floor to be done where HUD has different requirements and as of now I know of no agentd doing a LPD form for rentals or Agent statements. Please advise Reply Pat Pignitor 9 years ago Does this requirement pertain to old buildings where they have been refurbished and brand new condos or apartments were constructed, leaving only new walls and floors for each individual unit. Reply Brougher, Desiree Author 9 years ago Mr. Cunningham, the Philadelphia City Ordinance takes the federal law a few steps further in providing additional protections, particularly for renters. I believe that the specific areas you are referring to are identified in the Ordinance as areas to be tested for lead-contaminated dust. The lead in the dust must be below certain levels in order to qualify a property as being “lead free” or “lead safe.” The newer portions of the Ordinance require landlords to provide lessees with a valid certification that the property is either lead-free or lead-safe. Owners wishing to sell their properties built before 1978 must provide additional notices and forms to potential buyers. All agents involved in transactions dealing with housing built prior to 1978 must be providing the required Lead Warning Statement and acknowledgments. These disclosures are contained in the PAR forms for your protection, which must be retained for at least three years. Reply Brougher, Desiree Author 9 years ago Ms. Pignitor, yes the requirements apply to all transactions to sell or lease target housing (any housing built prior to 1978) UNLESS the housing to be leased has been found to be free of lead-based paint by a federally-certified inspector, or an inspector who has been certified under a federally accredited program. A second exemption exists for short-term leases of 100 days or less where no extension or renewal is possible. Is leadNo. The law does not require an owner to conduct or pay for an inspection. A seller must, however, give buyers 10 days to inspect the property for lead. Nothing in the rule requires an owner to remove lead-based paint or lead hazards from the property.
Is a leadThe Residential Real Property Disclosure Act requires sellers in Illinois to present buyers with a disclosure listing the physical condition of the property, including the presence of lead.
When did Oregon ban leadThis is especially true for homes built prior to 1950, but lead-based paints were widely used up to the time they were banned for residential purposes in 1978.
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