Link to home page, or members home page if logged in as a member
For AEs
Governance Professional Standards Board Staff Education Resources Guest Speakers and Installations Communications Issues Mobilization and Political Advocacy Assessment TREPAC Resources FAQ
For Leaders
Committees Key Leadership Directory Resources Expense Reimbursement Travel Policy Local Officers Leadership Guide Leadership Applications Whistleblower Policy
About Us
Who We Are Leadership & Staff Outreach
Member Directory
REALTORS® and Appraisers Service Providers Local REALTOR® Associations Awards Careers Newsroom
For Buyers, Sellers, Renters
For REALTOR® Members
Legal & Ethics
Forms Blank Form Downloads zipForm Help Approved Form Vendors Form Changes Hot Topics Resources Legal FAQs Hotline: 800-873-9155 Risk Management Resources Manuals and Guides Legal Fund Fair Housing for REALTORS® Ethics Code of Ethics Complaints Arbitration
Government Affairs
Political Affairs Political Affairs Resources Grassroots Election Programs Get Involved Legislative Affairs Positions Issues Mobilization TREPAC What is TREPAC? TREPAC Awards Savings Calculator Resources for TREPAC Leaders My TREPAC Level TREPAC Video Contest Winners
Education
Course Search My Education Designations and Certifications GRI – Graduate REALTOR® Institute TACS – Texas Accredited Commercial Specialist TAHS – Texas Affordable Housing Specialist TRLP – Texas REALTORS® Leadership Program TRLS – Texas Residential Leasing Specialist TRPM – Texas Residential Property Manager TRRS- Texas Risk Reduction Specialist For Instructors
Specialties
Commercial Property Management Farm and Ranch Global Affordable Housing Brokers and Managers Young Professionals & Diversity
Research
MarketViewer
Real Estate Trends
Texas Relocation Report Texas Quarterly Housing Report Texas Homebuyers and Sellers Report Texas Small Land Sales Report Texas International Homebuyers Report Texas Condominium Sales Report Texas Luxury Home Sales Report Texas Remodel Valuation Report Texas REALTOR® Satisfaction Index A Decade in Texas Real Estate Report Profile Reports Buyers and Sellers Texas REALTORS® Member Profile
Member Benefits
Value of Membership Texas REALTORS® Stores Alphabetical List of Benefits Browse by Category Safety Resources Become a Benefits Partner Texas REALTORS® MLS
Events
All Events Texas REALTORS® Events App
Meetings
Texas REALTORS® 360 Shaping Texas Conference 3-Year Meeting Calendar
Webinars
Upcoming Webinars Past Webinars
Communications
Advice for REALTORS® Blog Texas REALTOR® Magazine Current Issue Read Texas REALTOR® Archives Contact the Editors Manage Your Magazine Subscription Videos: Legal Topics Explained Manage Email Subscriptions Write for Texas REALTORS® Social Media Advertise with Texas REALTORS®

For AEs
Governance Professional Standards Board Staff Education Resources Guest Speakers and Installations Communications Issues Mobilization and Political Advocacy Assessment TREPAC Resources FAQ
For Leaders
Committees Key Leadership Directory Resources Expense Reimbursement Travel Policy Local Officers Leadership Guide Leadership Applications Whistleblower Policy
About Us
Who We Are Leadership & Staff Outreach
Member Directory
REALTORS® and Appraisers Service Providers Local REALTOR® Associations Awards Careers Newsroom

  • Members
  • Communications
  • Advice for REALTORS®
  • Why Disclosing Information About Lead-Based Paint is Important

Why Disclosing Information About Lead-Based Paint is Important

September 18, 2018 | Texas REALTORS® Staff

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.

7
Leave a Reply

avatar
5 Comment threads
2 Thread replies
0 Followers
 
Most reacted comment
Hottest comment thread
7 Comment authors
Belinda FernandezBrandy HigginbothamJames CallasPat MaloneDennis O'Hagan Recent comment authors
avatar
newest oldest
Dena Smith
Guest
Dena Smith

The way I understand it, if the EPA audits a brokerage they will randomly select files that require a LBP disclosure and if there are any issues with the disclosure form BOTH brokerages (if applicable) will be fined. Each paragraph of the form must have at least 1 box checked, all required signatures must be present and DATED. The buyers signature date can NOT precede the sellers signature date, but can be the same date as the sellers signature date and all signature dates must be equivalent to or prior to the effective date of the contract. The disclosure form… Read more »

Reply
3 years ago
Lou Burns
Guest
Lou Burns

You are absolutely correct.

Reply
3 years ago
Dennis O\'Hagan
Guest
Dennis O\'Hagan

How does this apply to a Seller that is a FSBO? Are they required to follow the same guidelines as we (Licensed Real Estate Agents) are?

Reply
3 years ago
Pat Malone
Guest
Pat Malone

Yes … it’s an EPA requirement

Reply
3 years ago
James Callas
Guest
James Callas

But what about assignment contracts. (Wholesalers) Unlicensed and Unregulated. I have had two dealing with them, neither one do i want to go through again. TAR legal hotline only said “They are Legal..” but not much more. They are breaking rules left and right and up and down. Makes no sense to me. The actual owner of the real property was an elder man and a gentle soul and he was nearly clueless as to what was going on. This is the kicker. The Wholesaler cleared just about as much as the true owner. Not much justice there. Also on… Read more »

Reply
3 years ago
Brandy Higginbotham
Guest
Brandy Higginbotham

We bought our 74 year old home 5 years ago. There was chopped paint inside and on the exterior of the home. Only recently have I become aware of the dangers of lead paint and the prevalence in older homes. After using a quick lead paint test from the hardware store, we have learned that we have lead chips of lead paint all through the perimeter of our home. As buyers 5 years later I am angry that I was not made aware of lead in my home. Our son was 1 year old when we moved into this hoise… Read more »

Reply
2 years ago
Belinda Fernandez
Guest
Belinda Fernandez

If a 1965 high rise building was completely remodeled in say 2015, is the Lead Based Paint Addendum still required?

Reply
1 year ago

Categories

  • Advice for REALTORS®
    • Association Business
    • Benefits
    • Business Tips
    • Commercial
    • Education
    • Ethics
    • Global
    • Governmental Affairs
    • Legal
    • Meetings
    • Property Management
    • Research
    • TREC
  • Current Topics
    • Buyers
    • Landlords
    • Renters
    • Sellers
  • Uncategorized

Tags

advertising awards brokers business advice buyers buying Code of Ethics Commercial consumers contracts elections fair housing forms Harvey homebuyers homesellers Hurricane Harvey Legal legal faq legislative affairs marketing marketviewer member benefits MLS NAR negotiation political affairs Property management renters Research rpr Seller's Disclosure sellers selling share this social media survey taxes technology tips tenants Texas Legislature texas realtor magazine TREC TREC rules webinar

Archives

  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
Legal Disclaimer

Texas REALTORS® provides content through various online platforms, including this blog. By interacting with any of our blog posts, you agree to comply with the following terms and conditions:

  • a. You will not post any defamatory, discriminatory, libelous, threatening, vulgar, sexually explicit, abusive, profane, rude, or obscene content (including comments);
  • b. You will not use our blog posts or posted content to do anything unlawful, misleading, malicious, or discriminatory; and
  • c. You will not post content or take any action on our blog posts that infringes someone else’s rights or otherwise violates the law.
  • d. You will not post any information intended to sell or advertise a business, product, or service.

Texas REALTORS®, in its sole discretion, reserves the right to remove any content you have uploaded, posted, or submitted onto any of our blog posts if we believe that it violates these terms or conditions.

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 Texas 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, Texas REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here. Any legal or other information found on this page or at other sites to which we link, should be verified before it is relied upon.

For Buyers, Sellers, Renters
For REALTOR® Members
Link to home page, or members home page if logged in as a member
Texas REALTORS® is committed to advocating for a strong real estate industry, advancing a culture of continued learning, and staying ahead of issues concerning members and their clients.
© 2022 Texas REALTORS®
Latest Tweets
  • 10.6% of surveyed .@LGBTQre members experienced a real estate professional discriminating against them in the renti… https://t.co/BbfJOd5JOY18 hours ago
  • Texas REALTORS® wants YOU to volunteer for an association committee. Watch Brenda Taylor of Greater Lewisville Asso… https://t.co/EZKnkHoK6Nyesterday
Quick Links
About Us Contact Texas REALTORS® Newsroom Site Map Terms of Use Privacy Policy Accessibility Report a Problem
  • Facebook
  • Twitter
  • Default Label
  • Default Label
  • Default Label

Uh Oh!

×
There's been an error!
wpDiscuz