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An Ohio listing agent fails to include the lead-based paint disclosure addendum in a purchase agreement for a pre-1978 home. The transaction closes, and the buyer later discovers lead paint. Under federal law, what liability does the listing agent face?

Correct Answer

D) The agent may be held liable as a party who failed to ensure compliance with federal lead paint disclosure requirements

Under federal law, real estate agents have an independent obligation to ensure compliance with lead paint disclosure requirements. Failure to include the required disclosure addendum can result in liability for the agent, including potential EPA penalties and civil liability to the buyer.

Answer Options
A
No liability because the agent is not the property owner
B
Liability only if the buyer can prove the agent knew about the lead paint
C
Only a warning letter from the Ohio Division of Real Estate
D
The agent may be held liable as a party who failed to ensure compliance with federal lead paint disclosure requirements

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Related Topics & Key Terms

Key Terms:

agent_liabilitydisclosure_addendumcompliance_failureohio_disclosures
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