Jennifer, a licensed real estate salesperson in New York, is representing a seller of a 1972 townhouse in Brooklyn. The seller tells Jennifer he painted over some peeling paint last year but doesn't know if it contained lead. How should Jennifer handle this situation under New York law?
Correct Answer
A) Ensure the seller completes the lead-based paint disclosure form noting the painting work and lack of knowledge about lead content
The agent must ensure proper disclosure is made. The seller should complete the lead-based paint disclosure form, noting any known information including the recent painting work, and honestly indicate lack of knowledge about lead content where applicable. The disclosure form has specific sections for known information and unknown information.
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Related Concepts
Environmental hazards disclosure involves informing buyers about environmental contamination or hazards affecting or potentially affecting a property, including underground storage tanks, contaminated soil, hazardous waste, and proximity to Superfund sites.
Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.
HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.
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Under New York's implementation of federal lead-based paint disclosure requirements, all of the following statements are true EXCEPT:
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