Under the federal lead-based paint disclosure rule, how many days does a buyer of a pre-1978 residential property generally have to conduct a lead-based paint risk assessment or inspection, and can that period be changed?
Correct Answer
B) 10 days, but the opportunity may be waived or the time period modified by mutual written agreement of the parties.
Under 42 U.S.C. § 4852d and its implementing regulations (40 CFR Part 745 / 24 CFR Part 35), buyers of pre-1978 residential housing must be given a 10-day opportunity to conduct a lead-based paint risk assessment or inspection before becoming obligated under the contract. Critically, this period is a default, not an absolute mandate — the parties may mutually agree in writing to waive the opportunity entirely or to modify the length of the period.
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