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Oh Disclosure RequirementsLead_paint_ohMEDIUM

An Ohio seller of a pre-1978 home fails to provide the required lead-based paint disclosure to the buyer. The buyer closes on the property and later discovers lead paint. Under federal law, what penalties may the seller face?

Correct Answer

D) Treble damages (three times actual damages) plus attorney fees under federal law

Under the Residential Lead-Based Paint Hazard Reduction Act, a seller who fails to provide the required lead paint disclosure may be liable for treble damages (three times the buyer's actual damages) plus the buyer's court costs and attorney fees. The EPA may also impose civil penalties.

Answer Options
A
A maximum fine of $500 imposed by the Ohio Division of Real Estate
B
No penalties because Ohio does not enforce federal lead paint rules
C
Only a requirement to retrofit the property with lead-free paint
D
Treble damages (three times actual damages) plus attorney fees under federal law

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Related Topics & Key Terms

Key Terms:

lead_paint_penaltiestreble_damagesnon_disclosureohio_disclosures
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