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  • As an agent what are my responsibilities?

    Answer Agents must ensure that: Sellers and landlords are made aware of their obligations under this rule; Sellers and landlords disclose the proper information to lessors, buyers, and tenants; Sellers give purchasers the opportunity to conduct an inspection; and Lease and sales contracts contain the appropriate notification and disclosure language…

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  • If I am renting, do I have the same opportunity to test for lead?

    Answer: Under the law, the 10-day inspection period is limited to sales transactions, but nothing prevents the renter from negotiating with the lessor to allow time for an inspection before rental. Question Number: 23002-33225 Find a printable PDF copy of all frequent questions pertaining to lead .

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  • Must lead-based paint inspectors be certified?

    Answer: Yes, lead-based paint inspectors must be certified by EPA or the EPA authorized program in the jurisdiction(s) in which they provide lead-based paint inspection services Question Number: 23002-33227 Find a printable PDF copy of all frequent questions pertaining to lead .

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  • Does this rule increase my liability for future lead poisoning on my property?

    Answer: In some cases, disclosure may actually reduce the owner’s liability since occupants may be able to prevent exposure from the beginning. Under the Real Estate Notification and Disclosure rule, however, sellers, landlords, or agents who fail to provide the required notices and information are liable for triple the amount…

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  • As a purchaser, am I required to conduct and finance an inspection?

    Answer: No. The EPA and HUD Real Estate Notification and Disclosure Rule simply ensures that you have the opportunity to test for lead before purchase. Question Number: 23002-33223 Find a printable PDF copy of all frequent questions pertaining to lead .

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  • What is target housing?

    Answer: Target housing is defined in the Toxic Substances Control Act (TSCA) as any housing constructed before 1978, except housing for the elderly or persons with disabilities or any 0-bedroom dwelling. However, target housing does include pre-1978 housing for the elderly or persons with disabilities, if any child under age…

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  • Am I required to give the EPA pamphlet "Protect Your Family From Lead in Your Home" to existing tenants?

    Answer: No, but when tenants renew their leases, you must give them the pamphlet and any available reports. In other words, you must give them the same information that you are required to provide new tenants. Question Number: 23002-33215 Find a printable PDF copy of all frequent questions pertaining to…

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  • What if a seller or lessor fails to comply with these regulations?

    Answer: A seller, lessor, or agent who fails to give the proper information can be sued for triple the amount of damages. In addition, they may be subject to civil and criminal penalties. Ensuring that disclosure information is given to home buyers and tenants helps all parties avoid misunderstandings before…

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  • Is the seller required to remove any lead-based paint that is discovered during an inspection?

    Answer: No. Nothing in the rule requires a building owner to remove lead-based paint or lead-based paint hazards discovered during an inspection or risk assessment. In addition, the rule does not prevent the two parties from negotiating hazard reduction activities as a contingency of the purchase and sale of the…

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