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Pennsylvania Lead Based Paint Disclosure for Sales Transaction

State:
Pennsylvania
Control #:
PA-LEAD1
Format:
Word; 
Rich Text
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Overview of this form

The Lead Based Paint Disclosure for Sales Transactions is a legal document that informs buyers about the risks associated with lead-based paint in residential properties built before 1978. Federal law mandates this disclosure to protect buyers, especially families with young children and pregnant women, from lead exposure, which can have serious health consequences. This form is distinct because it specifically relates to properties constructed prior to 1978, unlike other real estate forms that may not include such disclosures.

Main sections of this form

  • Seller disclosure of known lead-based paint hazards.
  • Records and reports related to lead-based paint hazards available to the seller.
  • Purchaser's acknowledgment of receiving necessary information.
  • Opportunity for the buyer to conduct a risk assessment or inspection.
  • Certification of accuracy for the disclosure information provided.
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  • Preview Lead Based Paint Disclosure for Sales Transaction
  • Preview Lead Based Paint Disclosure for Sales Transaction
  • Preview Lead Based Paint Disclosure for Sales Transaction

When this form is needed

This form should be used whenever a residential property built prior to 1978 is being sold. It is essential to complete this disclosure to comply with federal regulations and to inform potential buyers of any lead-based paint hazards that may exist in the home. If you are unsure of the construction date, it is advisable to use this form to avoid potential legal issues.

Intended users of this form

  • Homeowners looking to sell residential properties constructed before 1978.
  • Real estate agents and brokers representing sellers of such properties.
  • Buyers interested in residential properties built prior to 1978.

Instructions for completing this form

  • Identify the property, including its address and construction date.
  • Provide disclosures regarding the presence of lead-based paint or hazards.
  • List any records and reports related to lead-based paint hazards available to the seller.
  • Obtain signatures and initials from both the seller and purchaser.
  • Ensure the buyer receives the EPA pamphlet on lead safety.

Does this form need to be notarized?

Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.

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Common mistakes to avoid

  • Failing to complete the form if the property was built before 1978.
  • Not providing the EPA pamphlet to the buyer.
  • Inaccurately disclosing known lead hazards or failing to list available records.
  • Not obtaining the necessary signatures from all parties involved.

Benefits of using this form online

  • Convenience of downloading and filling out the form at any time.
  • Editable templates that can be easily customized for individual transactions.
  • Access to forms drafted by licensed attorneys, ensuring compliance with legal standards.

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FAQ

As long as the salesperson has informed the sellers or lessors of their obligations to disclose, the salesperson won't be held liable for the failure to disclose to a purchaser or lessee the presence of lead-based paint or lead-based paint hazards known by sellers or lessors but not disclosed to the salesperson, says

Under the Disclosure Rule, any seller or landlord must disclose information concerning lead-based paint and/or lead-based paint hazards when selling or leasing to any prospective purchaser or tenant of residential housing. The residential housing covered by the Disclosure Rule are those units built before 1978.

The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards.

The lead-based paint disclosure form is a required form to be issued to all tenants and potential buyers for residential properties built before 1978.The forms were written to warn any new owners or tenants of the potential existence of this within the interior walls of the residence.

The Rule states that if an agent is involved in a transaction to sell target housing, the "Lead Warning Statement" must include a statement signed by the agent that the agent has informed the seller of the seller's legal obligations and that the agent is aware of his/her duty to ensure compliance with the Rule.

If a prospective buyer opts to do a lead-based paint inspection that reveals the existence of lead-based paint, you're not required to remove the paint. The purpose of the disclosure is to alert a buyer or tenant to potential lead-based paint dangers in their future home.

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.

Lead-based paints were banned for use in housing in 1978. All houses built before 1978 are likely to contain some lead-based paint. However, it is the deterioration of this paint that causes a problem.

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Pennsylvania Lead Based Paint Disclosure for Sales Transaction