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US Legal Forms has lead paint disclosure forms required by Federal Law for every State. Whether the transaction is for the sale or rental of property, you'll find the lead paint disclosure form you need. Simply select your State and choose the appropriate disclosure form for your situation.
Lead disclosure rule refers to a provision in the Residential Lead-Based Paint Hazard Reduction Act passed by the Congress in 1992. Section 1018 of this Act directs HUD (Department of Housing and Urban Development) and the EPA (Environmental Protection Agency) to require the information on lead based paint and lead based paint hazards which is known by anybody who is selling or leasing housing built before 1978 to be disclosed. Houses built before 1978 may contain lead in paint which is hazardous to health. The above agencies jointly issue regulations requiring necessary disclosure regarding paint with lead, upon the authority vested under the Act.
The Residential Lead-Based Paint Hazard Reduction Act of 1992, also referred to as Title X, providing for lead paint disclosure, was enacted to guard the public from lead hazard exposure. According to this rule, it is mandatory to provide buyers or lessees of a house built before 1978 with disclosure of information on lead-based paint used in the property. Paint lead is extremely hazardous to human health. The disclosure ensures that buyers and lessees of housing built before 1978 get information necessary to start lead abatement measures to guard themselves and their dear ones from exposure to lead-based paint hazards.
If you are a seller or a lessor who intends to sell your house or offer your house for lease which was constructed before 1978, you must disclose any lead-based paint and/or lead based paint hazards in the housing that you are aware of. Your lease agreement packet should include a disclosure form about lead- based paint that might have been used in the construction or renovation of the house. Other examples of documents you may need to include is a pamphlet by the EPA and lead hazard evaluation reports relating to lead based paint or lead-based paint hazards on the premises. A lead paint disclosure form should be filled out to prove that all requirements under the disclosure laws were complied with. You should also furnish signed statements to the effect that disclosures made have to be retained for three years. Additionally, if you are a seller, while selling your house you are required to give a 10 day window to purchasers for conducting a lead test on the house. Sample lead disclosure forms, also known as lead paint forms, or lead based paint forms, are available for your reference.
Under the disclosure laws, also known as disclosure property laws, the purchaser and the lessee have the right to be privy to all information regarding any lead base paint used in the house built before 1978. Thereby, they get specific details of the house's lead history. The mandatory pamphlet provided to them gives information on lead exposure prevention. The purchaser has the right to conduct a test for lead before entering into a contract for sale with the seller of a house. In case of a possible hazard, you might have to consider a process of lead abatement. A purchaser gets a period of 10 days for inspection and such a period may be extended or reduced by mutual consent between the parties. However, this opportunity is restricted only for sale transactions. A lessee may negotiate with the lessor to give an opportunity for inspection before entering into a rental agreement.
Yes, if a seller, lessor, or agent does not provide proper information with regard to lead based paint, they can be sued for damages. In such a case, substantial damages may be awarded in a private civil suit. Moreover, they may also be liable to civil and criminal penalties. If you provide lead based paint disclosure forms to purchasers and lessees it will help to avoid misunderstandings during the transactions.
It is mandatory for sellers and lessors to provide buyers and lessees with this pamphlet containing information about possible lead hazards. The EPA pamphlet named 'Protect Your Family from Lead in Your Home' is a federally approved lead hazard information pamphlet. It provides you important information to help you know when lead-based paint is hazardous and how to protect your home and get it checked.
Paint disclosure rule is applicable to almost all housing built before1978. It is applicable to private and public housing, including housing receiving federal assistance and federally owned housing. Housing affected by this rule is referred to as target housing. Those housing which are not affected by paint disclosure rule are 0-bedroom dwellings, housing units rented out for 100 days or less, housing for the elderly and the handicapped, and housing certified by an inspector to be free of lead-based paint.