A New York seller provides lead-based paint disclosure for a 1974 home indicating no knowledge of lead hazards. During the buyer's inspection period, a neighbor mentions seeing the seller scraping and repainting exterior trim last summer. The buyer confronts the seller, who admits to the work but claims it's not relevant since no lead was found. What should happen under New York law?
Correct Answer
C) Both B and C are correct depending on the buyer's choice
Under New York law, the seller should have disclosed paint disturbance activities regardless of whether lead was confirmed. This constitutes a material omission that gives the buyer grounds to cancel for misrepresentation, or the seller can provide amended disclosure and the buyer can choose how to proceed.
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Under New York State implementation of federal lead-based paint law, all of the following statements are true EXCEPT:
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Tom is selling his 1979 house in Rochester, New York. His real estate agent tells him he needs to provide lead-based paint disclosure. Is the agent correct?