A seller in California is selling a single-family home built in 1975. The buyer's agent asks whether the seller must disclose the presence of lead-based paint. Under federal and California law, what is the correct disclosure requirement?
Correct Answer
B) The seller must provide the federal lead-based paint disclosure for homes built before 1978, in addition to any relevant TDS disclosures
Under the federal Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) and EPA regulations (42 U.S.C. §4852d), sellers of homes built before 1978 must provide buyers with a lead-based paint disclosure, the EPA pamphlet 'Protect Your Family From Lead in Your Home,' and a 10-day opportunity for the buyer to conduct a lead inspection. This applies in California in addition to state TDS requirements.
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Nancy, a seller in California, is transferring her home to her ex-husband as part of a court-ordered divorce settlement. Nancy asks her agent whether she needs to provide a TDS. What is the correct answer?
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Under California Civil Code §1102, the seller must disclose known conditions on the Transfer Disclosure Statement. All of the following conditions require disclosure EXCEPT: