A newly licensed Georgia salesperson asks whether lead-based paint disclosure is solely the seller's responsibility or whether real estate agents also have obligations. Which statement most accurately describes the agent's role?
Correct Answer
A) Agents involved in the sale or lease of pre-1978 residential property have a federal obligation to ensure compliance with lead disclosure requirements, including confirming that the proper forms are completed.
Under 40 CFR § 745.115(a), agents are defined as parties who enter into a contract with a seller or lessor to sell or lease target housing. The EPA/HUD regulations implementing the Residential Lead-Based Paint Hazard Reduction Act (Title X) impose direct obligations on agents to ensure that sellers and landlords comply with disclosure requirements, including providing the required lead hazard information pamphlet, disclosing known lead-based paint hazards, and completing the disclosure form. Agents who fail to ensure compliance can face federal penalties. While the rule is federal rather than a Georgia-specific statute, it applies fully in all Georgia residential transactions involving pre-1978 housing.
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Related Concepts
Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.
A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.
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