Reminder to alert/document/copy parties to their lead hazards information and duties.
Recently, the Hotline has been getting several of the same types of questions on the lead forms section (c) initials and (d) initials.
Buyers and Tenants getting the EPA pamphlet Protect Your Family from Lead in Your Home should initial (d). So, (d) will commonly be initialed.
If Buyers and Tenants receive no copies/emails of the lead hazard information listed in (a) and (b) from the Seller/Landlord/Agent, then no need for the Buyer/Tenant to initial (c) stating the Buyers/Tenants have received copies of the information listed in (a) and (b). So, (c) may not be intiialed as commonly as (d) will be initialed.
(c) Tenant has received copies of all information listed above. [ (a), (b) ]
(d) Tenant has received the pamphlet Protect Your Family from Lead in Your Home.
(c) Buyer has received copies of all information listed above. [ (a), (b) ]
(d) Buyer has received the pamphlet Protect Your Family from Lead in Your Home.
EPA audits periodically, So, real estate licensees need to handle the proper filed documentation. https://www.epa.gov/lead
Lead Warning Statement Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling. Tenants must also receive a Federally approved pamphlet on lead poisoning prevention.
DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD BASED PAINT HAZARDS ADDENDUM FOR RESIDENTIAL
Antique/ld recycled items painted with lead paint and put in a residence built after 1978 may trigger the EPA lead documentation/warnings (e.g., antique recycled wooden mantelpiece).
Commercial properties with residential units might also bring in the EPA requirements.
Land deals with potential lead contamination in the soil (e.g., former gas station property), it may be prudent risk management to ensure that everyone obtains environmental/law counsel.
Posted by: Byron King on 01/14/22 (This information is only accurate as of 01/14/22. You must contact SCR for updates and changes to this information after 01/14/22 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.