Lead Based Paint Disclosure Date

State:
Kansas
Control #:
KS-LEAD1
Format:
Word; 
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Description

This Lead-Based Paint Disclosure statement is required by Federal Law when selling residential housing built prior to 1978. If the home was constructed PRIOR TO 1978, this form is REQUIRED to be completed and signed by the seller and buyer. If the dwelling was constructed in 1978 or later, this form is not required. If in doubt about the timing of construction, use the disclosure form. Whenever the form is used, the seller must also give the buyer the EPA pamphlet discussed below.

Lead-based paint disclosure date refers to the crucial moment when a seller or landlord is required to inform potential buyers or tenants about the presence of lead-based paint in residential properties. This legal obligation stems from various laws enacted by governmental bodies, aiming to protect individuals, especially children, from the hazards associated with lead exposure. One of the most well-known legislations regarding this matter is the Lead-Based Paint Hazard Reduction Act (OPERA) of 1992 in the United States. Under OPERA, sellers and landlords of residential properties built before 1978 must provide a lead-based paint disclosure to inform buyers or tenants of any known lead-based paint hazards. It is important to note that 1978 is a significant year since it marks the ban on residential use of lead-based paint in the United States. Besides the general Lead-based paint disclosure date, two other types of disclosure dates may exist depending on the specific circumstances: 1. Individual State Requirements: In addition to OPERA, individual states might have their own regulations pertaining to lead-based paint disclosures. These state-specific statutes may have different disclosure dates, which sellers and landlords must adhere to. For instance, California has its own regulations, including the "Transfer Disclosure Statement" form, required for all sales of residential properties built prior to 1978. 2. Rental Property Disclosures: In rental scenarios, landlords have a responsibility to provide lead-based paint disclosures to prospective tenants. The date for this disclosure may differ from the disclosure date for sale transactions. In the United States, if a landlord fails to meet this obligation, they may face legal consequences. The specific date for rental property disclosures may vary depending on local regulations or lease agreements. In summary, Lead-based paint disclosure date refers to the specific point in time when sellers or landlords are legally obligated to inform potential buyers or tenants about the presence of lead-based paint hazards in residential structures. It is crucial for individuals involved in real estate transactions to comply with the required disclosure dates, which may vary depending on overarching federal laws, state-specific regulations, and rental or sale scenarios.

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FAQ

Sellers must provide homebuyers a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection.

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

Lead-based paints were banned for residential use in 1978. Homes built in the U.S. before 1978 are likely to have some lead-based paint. When the paint peels and cracks, it makes lead paint chips and dust.

Before ratification of a contract for housing sale or lease, sellers and landlords must disclose any known information concerning potential lead-based paint hazards and available records, must provide purchasers and lessees with a lead hazard information pamphlet and must include specific language in the lease or ...

The use of lead paint in homes was banned in 1978. Homes built before 1978 may contain lead paint. Older homes, built before 1950, are very likely to contain lead paint.

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Sellers must provide homebuyers a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection.The rule became fully effective on December 6, 1996. They are then given 10 days to conduct an inspection at their own cost if they choose to. For owners of 4 or fewer dwelling units, the effective date is December 6, 1996. Did you know that many homes built before 1978 have lead-based paint? Lead from paint, chips, and dust can pose serious health hazards. Disclosure for not less than three years from the completion date of the sale. ALL signatures on the Lead-Based Paint Disclosure MUST be dated on or before the contract date. Greater Hartford Association of REALTORS®.

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Lead Based Paint Disclosure Date