When a buyer may not get a lead-based paint addendum

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12/23/2015 | Author: Editorial 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 on or after Jan. 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 resides or is expected to reside.

There are also exceptions for rental properties, which you can read about in the Legal FAQs on texasrealestate.com

Categories: Forms, Legal, Buyers, Sellers
Tags: legal, legal faq, seller's disclosure, forms, homesellers


Rick Chumsae on 12/31/2015

Claudia,  I recall that the law is precise on this point in that it uses January 1, 1978 as the date that the building permit is pulled.  So, you could have a house where the permit was pulled anytime before January 1, 1978, then completed before or after that date, and the need to use a Lead Paint Disclosure would apply. 

It could come to be that the house was substantially built after January 1, 1978 and even shown on tax rolls as a 1979 or later house, and the need for LPD would remain.

Rick Chumsae on 12/31/2015

The second bullet, “Property sold at foreclosure” has me thinking that the Lead Paint Disclosure may be subject to the same eleven exceptions applied to the Seller’s Disclosure. 

The LPD has some exceptions that do not apply to the Seller’s Disclosure but do the eleven exceptions to supplying a Seller’s Disclosure also apply to the LPD?

My logic says “yes” the eleven exceptions apply to both the Seller’s Disclosure and the Lead Paint Disclosure, but logic sometimes fails me.

Claudia Carroll on 12/31/2015

Feds came through Tyler about 12 years ago pulling numerous files from several brokerages and one of our surprises is they want a Lead Based paint disclosure on a home built in 1978 - so they include 1978 - or at least those inspectors did!

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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.

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