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?
Correct Answer
B) The seller must immediately provide updated disclosure including the 1998 findings
Under New York law and federal disclosure requirements, once the seller becomes aware of material information about lead-based paint hazards (even through attorney discovery of old reports), they have an obligation to provide updated accurate disclosure. Attorney-client privilege does not override disclosure obligations in real estate transactions.
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Previous Question
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?
Next Question
Maria is selling her 1978 single-family home in Albany, New York. The property has original paint throughout. Under New York law, what is Maria's obligation regarding lead-based paint disclosure?