A New York seller of a home built in 1974 completes the federal lead-based paint disclosure form indicating no knowledge of lead-based paint or lead-based paint hazards. Before closing, the buyer learns the seller scraped and repainted exterior trim last summer but did not test the paint. Under the federal Residential Lead-Based Paint Hazard Reduction Act (24 CFR Part 35) as applied in New York, what is the seller required to disclose?
Correct Answer
B) Only known lead-based paint or known lead-based paint hazards, plus any available records or reports
Under 24 CFR Part 35, the seller of a pre-1978 home must disclose any KNOWN lead-based paint or lead-based paint hazards and provide any available records/reports — not unknown conditions or general paint maintenance activities.
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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?