Jennifer is buying a 1970 house in Syracuse, New York. She receives the required lead-based paint disclosure and EPA pamphlet. Jennifer is pregnant and concerned about lead exposure. She wants to hire a certified lead inspector. Under New York law, who is responsible for the cost of the lead inspection?
Correct Answer
D) The buyer must pay since the inspection is their choice
Under federal law adopted by New York, buyers have the right to conduct lead inspections at their own expense. The seller's obligation is to allow the inspection and provide disclosure, but they are not required to pay for the buyer's inspection.
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Related Concepts
Mold disclosure involves informing buyers about the presence of mold or conditions that are conducive to mold growth in a property. While no federal mold disclosure law exists, many states require disclosure of known mold issues.
A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.
Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.
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Previous Question
A New York real estate brokerage represents both buyer and seller in the sale of a 1972 home (dual agency with proper disclosure). The seller mentions to the listing agent that they think there might be lead paint in the basement but are not sure. What are the brokerage's obligations regarding lead disclosure?
Next Question
A New York seller completes lead-based paint disclosure for a 1976 property, checking 'no knowledge' of lead hazards. During the transaction, the seller's attorney discovers old inspection reports in the property file showing lead-based paint was found in 1998. The attorney informs the seller, who asks the attorney not to tell anyone since 'the buyer didn't ask about old reports.' What should happen under New York law?
