An Ohio seller of a pre-1978 home provides the lead paint disclosure but deliberately hides a lead inspection report that showed dangerous levels of lead in the children's bedrooms. Under federal law, what penalties does the seller face?
Correct Answer
C) Civil penalties from the EPA up to $19,507 per violation and potential treble damages to the buyer
Deliberately withholding a known lead inspection report is a serious violation of 42 USC §4852d. The seller faces civil penalties from the EPA (currently up to $19,507 per violation, adjusted for inflation), plus the buyer may sue for treble damages. Deliberately hiding dangerous lead levels, especially in children's areas, demonstrates willful non-compliance.
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Related Concepts
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.
Radon disclosure involves informing buyers about the presence or potential presence of radon gas in a property. Radon is a naturally occurring radioactive gas that can accumulate in buildings and is the second leading cause of lung cancer.
More Oh Disclosure Requirements Questions
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An Ohio listing agent receives a home inspection report from the buyer's agent showing significant issues. The listing agent's current listing on the same property expires, and 6 months later, a new agent lists the property. Under Ohio law, does the original listing agent have any obligation regarding the inspection report?
Susan, an Ohio buyer's agent, discovers that a property she is showing has a known code violation. Under Ohio law, what is Susan's disclosure obligation?
- → Jake, an Ohio seller, has a property with a French drain system installed to address yard drainage issues. Under Ohio disclosure law, must Jake disclose the drainage system?
- → Terry, an Ohio seller, has a property with a water softener installed to treat hard water from the private well. Under Ohio disclosure law, must Terry disclose the water softener and the reason for its installation?
- → Tom, an Ohio seller, asks whether he must disclose that the property has a sump pump in the basement. Under Ohio disclosure practice, which statement is correct?
- → Nancy, an Ohio buyer, is purchasing a property and asks about environmental assessments. Her agent explains the different phases. Under Ohio environmental practice, what is the purpose of a Phase I Environmental Site Assessment?
- → Sara, an Ohio buyer, asks her agent whether she should conduct an environmental assessment before purchasing a residential property in a suburban neighborhood. Under Ohio practice, when is an environmental assessment typically recommended?
- → Christine, an Ohio seller, knows her property contains asbestos floor tiles in the basement. The tiles are in good condition and undamaged. Under Ohio disclosure law, must Christine disclose the asbestos?
- → Emily, an Ohio buyer, is purchasing a property near a former landfill. She asks her agent about potential environmental concerns. Under Ohio practice, what should the agent advise?
- → Under Ohio environmental disclosure requirements, sellers must disclose various environmental conditions. All of the following are environmental conditions that must be disclosed on the Ohio Residential Property Disclosure Form EXCEPT:
- → Amanda, an Ohio seller, is completing the Residential Property Disclosure Form. The form asks about environmental hazards. Under Ohio law, which of the following must be disclosed if known?
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Previous Question
An Ohio seller of a pre-1978 home must retain a copy of the signed lead-based paint disclosure for a specified period. Under federal regulations, how long must the seller keep this record?
Next Question
Sandy, an Ohio seller, is selling a pre-1978 home and wants to know who is responsible for providing the EPA lead pamphlet to the buyer. Under federal law, which statement is correct?