New Hampshire Lead Based Paint Disclosure for Sales Transaction
What is this form?
The Lead-Based Paint Disclosure for Sales Transaction is a legal requirement for sellers of residential properties built before 1978. This form serves to inform buyers about potential lead hazards associated with lead-based paint. Federal law mandates its completion by both the seller and buyer, distinguishing it from similar disclosure forms related to other property aspects. If a property was built in 1978 or later, this form is not required.
Main sections of this form
- Lead Warning Statement: Highlights the dangers of lead exposure, especially to young children and pregnant women.
- Sellers Disclosure: Requires the seller to disclose any known lead-based paint hazards or indicate if none are known.
- Records and Reports: Sellers must provide any available records or reports about lead paint hazards to buyers.
- Purchasers Acknowledgment: Buyers must acknowledge receipt of key documents, including an EPA pamphlet on lead safety.
- Agents Acknowledgment: Real estate agents confirm understanding of their obligations regarding lead-based paint disclosures.
- Certification of Accuracy: Parties certify that the information provided is accurate to their knowledge.
When to use this form
This form should be utilized whenever a residential property built prior to 1978 is being sold. It is crucial for ensuring that buyers are made aware of any lead-based paint hazards that may exist in older homes. It is especially important for properties where young children may reside, to mitigate health risks associated with lead exposure.
Who this form is for
- Homeowners who are selling a residential property built before 1978.
- Real estate agents representing sellers of properties within the specified age range.
- Buyers of residential properties built prior to 1978 who need to understand potential lead hazards.
How to complete this form
- Identify the property: Fill in the street address, city, state, and zip code.
- Complete the Seller's Disclosure: Indicate if known lead hazards are present or if none are known.
- List any available records: Provide details of records regarding lead paint hazards if available.
- Obtain buyer acknowledgment: Ensure the buyer acknowledges receipt of all necessary documents.
- Signature section: Ensure all parties (seller, buyer, agents) sign and date the form to validate it.
Is notarization required?
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to disclose known lead hazards, which can lead to legal liability.
- Not providing the required EPA pamphlet to the buyer.
- Incomplete signatures or dates from parties involved, invalidating the form.
- Ignoring state-specific regulations that might complement the federal requirements.
Why use this form online
- Convenient access to legally compliant templates that can be downloaded instantly.
- Editability allows users to customize the form for specific transactions and parties.
- Reliability in using a document that has been drafted and reviewed by licensed attorneys.
Legal use & context
- The form is legally recognized and protects both sellers and buyers by providing necessary disclosures about lead hazards.
- Failure to comply with lead disclosure laws can result in significant penalties, including treble damages and fines.
Key takeaways
- Use the Lead-Based Paint Disclosure form for properties built before 1978 to comply with federal law.
- Sellers must disclose known lead hazards and provide relevant records to buyers.
- Ensure all parties sign the form to validate it and consider checking local regulations for additional requirements.
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FAQ
Federal law requires you to provide certain important information about lead-based paint and/or lead-based paint hazards before a prospective buyer is obligated under a contract to purchase your home.Inform the seller of his or her obligations under the Real Estate Notification and Disclosure Rule.
In New Hampshire, law does not consider any death in the home to be "material fact"; therefore it is not required to be disclosed. If a buyer asks, and the seller knows, then they should answer truthfully, but no legal action shall be brought against the seller and agent for failing to disclose.
In the simplest terms, a Seller's Disclosure is a document a potential buyer receives in order to know what condition the property is in. It contains about 100 questions and it will take you 20-30 minutes at most to complete.You're not required to have this document ready until your home is under contract.
California's Especially Stringent Disclosure Requirements Sellers must fill out and give the buyers a disclosure form listing a broad range of defects, such as a leaky roof, deaths that occurred within three years on the property, neighborhood nuisances such as a dog that barks every night, and more.
Search online or stop into your local city planning department to ask. You can also ask a real estate agent or an attorney for a copy of the disclosure law. Your state's Department of Real Estate might also have information about what disclosures are required in your state.
California, like many states, requires its residential property sellers to disclose, in writing, details about the property they have on the market.(See, California Civil Code § 1102.)
The seller is not providing a seller disclosure form and is selling the property as is, although he is allowing a home inspection.For example, if the seller's home is part of an estate or a foreclosure sale by a sheriff or court, a seller disclosure form may not be required. The rules are governed on a state level.
Issue #1: Seller Lied on Disclosure Statement Now, if you believe that the seller lied about problems with the home and want to take it to court, then you have to prove it. You have to bring evidence that the seller knew or should have known about the issues, and they purposely covered it up.
When is a seller exempt from providing a seller's disclosure?Another seller hadn't even lived in the property they were selling; it was an investment property and they didn't have enough first-hand knowledge of the property's history to provide a disclosure.
