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The condition of the paint could offer a clue whether it contains lead. One of the telltale signs of lead in paint is ?alligatoring,? which looks like reptilian scales when the layer starts to crack and wrinkle. If paint creates a chalky residue when it rubs off, it could also contain lead.
Just like in a residential building, owners of commercial properties must also disclose the presence of lead so long as they are selling the property. However, if they are only renting or leasing the space, they are not required to share that information with potential occupants.
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.
Lender requires as a condition to the making of the Mortgage Loan that Borrower develop, implement and carry out an operations and maintenance plan for the containment or removal of paint containing more than one-half percent (0.5%) lead by dry weight (?Lead-Based Paint?) on the Mortgaged Property (?O&M Plan?).