Does a seller always have to provide the lead-based paint addendum to a buyer?

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09/29/2016 | Author: TAR Legal Staff

When is a seller not required to provide the Addendum for Seller’s Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law to a buyer?

A seller does not have to provide the addendum in the following situations:

  • Property constructed after January 1, 1978
  • Property sold at foreclosure
  • A dwelling where the living area is not separated from the sleeping area (such as efficiency apartments, dormitory housing, or individual rooms)
  • Housing for elderly or disabled residents where no child under six years old is expected to reside.

Read about other exceptions for rentals in the legal FAQs on texasrealestate.com.
 

Categories: Forms, Legal
Tags: lead paint addendum, legal, legal faq


Comments

Nancy Hardie on 11/11/2016

When a property is being sold by the probate of an estate, does the administrator of the estate need to provide a lead base paint form?

Claudia Carroll on 09/29/2016

About 14 years ago the appropriate Federal authorities (I’m thinking EPA) came through Tyler and checked a bunch of brokerages and how accurately the forms were filled out.  They INCLUDED 1978 at that time as requiring a LBP disclosure.  They passed out a lot of fines and they were very expensive fines.  In general, they found that the agents and brokerages were lazy about filling them out and there was a lot of incomplete information on them.


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The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.

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