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Mandated DisclosuresLead_paint_gaEASY

A buyer's agent learns that the listing agent for a 1971 cottage provided the EPA pamphlet to the buyer but that no other lead-related documents have been exchanged. What should the buyer's agent do next?

Correct Answer

C) Ensure the seller completes the required lead-based paint disclosure form before the buyer proceeds

Under the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) and HUD/EPA regulations (24 CFR Part 35, 40 CFR Part 745), sellers of pre-1978 housing must both provide the EPA pamphlet AND complete a lead-based paint disclosure form disclosing known lead-based paint or hazards. Providing only the pamphlet does not satisfy the full disclosure obligation.

Answer Options
A
Confirm that the EPA pamphlet satisfies all federal lead paint disclosure obligations for this property
B
Allow the buyer to submit an offer, since lead paint disclosure is only required at closing
C
Ensure the seller completes the required lead-based paint disclosure form before the buyer proceeds
D
Have the buyer sign a waiver relinquishing all lead-based paint disclosure rights

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Related Topics & Key Terms

Key Terms:

incomplete_disclosureEPA_pamphletdisclosure_formbuyer_agent_duties

Related Concepts

Radon disclosure involves informing buyers about the presence or potential presence of radon gas in a property. Radon is a naturally occurring radioactive gas that can accumulate in buildings and is the second leading cause of lung cancer.

Fair housing laws apply to a broad range of activities related to housing, including sale, rental, financing, and advertising.

A seller's disclosure statement is a form that sellers complete to inform buyers about the condition and history of the property, including known defects, past repairs, insurance claims, and environmental issues.

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