Lead Based Paint Disclosure Requirements

State:
Kansas
Control #:
KS-LEAD1
Format:
Word; 
Rich Text
Instant download

Description

The Lead-Based Paint Disclosure (Sales) form is essential for any residential property transaction involving dwellings constructed before 1978, as it addresses the lead-based paint disclosure requirements mandated by federal law. The form includes a lead warning statement alerting buyers to potential risks of lead exposure, particularly to children and pregnant women, and highlights the seller's obligation to disclose any known lead hazards to the purchaser. Key features of the form include sections for sellers to confirm the presence or absence of lead hazards, along with a checklist for providing relevant reports and records. It also captures both the purchaser's and agent's acknowledgments regarding this critical information. Proper filling out of this form is crucial, as it protects both sellers and buyers from potential liabilities related to lead poisoning. The form serves as a preventive tool and is advised to be completed alongside a risk assessment prior to purchase. Attorneys, partners, owners, associates, paralegals, and legal assistants will benefit from utilizing this form, as it ensures compliance with legal requirements, facilitates informed decision-making for buyers, and minimizes legal risks associated with residential transactions.
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FAQ

Yes, there are a few exceptions to the lead paint disclosure requirement for landlords. Most private and public housing is covered by this requirement, but exemptions generally include: Housing built during or after 1978. Dormitories, lofts, and efficiencies that don't have separate bedrooms.

In California, all homes built before 1978 are presumed to contain lead. (17 Cal. Code Regs., § 35043.)

Property Managers and Landlords Landlords must give prospective tenants of target housing, including most buildings built before 1978: An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, Protect Your Family From Lead In Your Home (PDF).

Lead-based paint disclosure exemptions In addition to houses built in or after 1978, the following also qualify for an exemption from the disclosure rules: Dwelling units with no bedrooms, such as a studio apartment. Dwelling units that are leased for 100 days or fewer, such as short-term rentals.

This law is commonly known as Title X (Ten). Environmental Protection Agency (EPA) regulations implementing Title X apply to rental property built before 1978. Under Title X, before signing or renewing a lease or rental agreement, a landlord must disclose any known lead-based paint or hazards on the property.

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Lead Based Paint Disclosure Requirements