What are the consequences if a seller, landlord, or agent fails to comply with lead-based paint disclosure requirements?

A seller, landlord, or agent who fails to satisfy lead-based paint disclosure requirements can be sued for triple the amount of damages and may be subject to civil and criminal penalties.

Any broker or sales agent receiving compensation from the seller or landlord—either directly or through the listing broker—is considered an agent for purposes of lead-based paint disclosure requirements.

I'm confused. There are two different lead-based-paint forms available to Texas REALTORS®. Which form is the appropriate form to use?

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?

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.