Legal FAQs for REALTORS®
— Contracts and Forms
Lead-Based Paint Forms
I'm confused. There are two different lead-based-paint forms available to Texas REALTORS®. Which form is the appropriate form to use? (Updated April 29, 2015)
It depends on whether you have a sales transaction or a lease transaction.
The form titled Addendum for Seller's Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards (TAR 1906, TREC OP-L) is a TREC form that complies with federal law. Use this form any time a TREC or TAR contract form is used in the sale of a property with a dwelling built before 1978.
The form titled Addendum Regarding Lead-Based Paint (TAR 2008) is a TAR form that complies with federal law. Texas REALTORS® should use this form when the TAR Residential Lease form is used for residential property built before 1978. This form is for lease transactions only.
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? (updated September 28, 2016)
A seller does not have to provide the addendum in the following situations:
1. Property constructed after January 1, 1978
2. Property sold at foreclosure
3. A dwelling where the living area is not separated from the sleeping area (such as efficiency apartments, dormitory housing, or individual rooms)
4. Housing for elderly or disabled residents where no child under six years old is expected to reside.
There are also exceptions for rental properties, which you can read about in the legal FAQs on texasrealestate.com.
Legal Disclaimer: 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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