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Mandated DisclosuresLead_based_paint_disclosureMEDIUM

A seller is listing a home that was built in 1972. Which of the following correctly describes the federal lead-based paint disclosure requirements that apply to this transaction?

Correct Answer

B) The seller must provide an EPA-approved lead hazard information pamphlet and a written lead-based paint disclosure form, and must allow buyers a 10-day period to conduct a lead inspection

Under the federal Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. § 4852d) and the EPA/HUD implementing regulations (40 CFR Part 745), sellers of residential properties built before 1978 must: (1) provide buyers with the EPA-approved 'Protect Your Family from Lead in Your Home' pamphlet, (2) disclose any known lead-based paint or hazards via a written disclosure form, and (3) provide buyers with a 10-day opportunity to conduct a lead paint inspection or risk assessment. These requirements apply to all covered sales regardless of the buyer's household composition.

Answer Options
A
No disclosure is required because lead-based paint is only regulated in rental properties, not sales
B
The seller must provide an EPA-approved lead hazard information pamphlet and a written lead-based paint disclosure form, and must allow buyers a 10-day period to conduct a lead inspection
C
The seller must hire a certified inspector to test for lead paint and remediate any hazards before listing the property
D
Disclosure is only required if the seller has actual knowledge of lead-based paint on the property and the buyer requests it in writing

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Related Topics & Key Terms

Key Terms:

lead_paintpre_1978_housing

Related Concepts

HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.

The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."

A material defect is a condition that significantly affects the value, desirability, or safety of a property and that would likely influence a reasonable buyer's decision to purchase or the price they would pay.

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