A listing agent in Georgia is handling the sale of a pre-1978 townhome. The seller asks whether the agent has any responsibility regarding lead-based paint disclosure or whether that obligation falls solely on the seller. Which statement is correct?
Correct Answer
A) Agents are responsible for ensuring the federally required lead-based paint disclosure form is completed, though this obligation arises from federal law rather than a Georgia-specific statute.
Under the Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. § 4852d) and EPA/HUD regulations (24 CFR Part 35, 40 CFR Part 745), agents involved in the sale of pre-1978 housing have an independent legal duty to ensure that sellers comply with lead-based paint disclosure requirements. Agents can face penalties for noncompliance even if the seller is primarily responsible for the disclosure content. This is a federal requirement applied in Georgia transactions, not a Georgia-specific statute.
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