An Ohio seller is selling a housing unit in a senior living community exclusively for residents aged 62 and older. The building was constructed in 1970. Under federal lead paint disclosure law, is the seller exempt?
Correct Answer
C) Yes, housing for older persons is exempt from lead paint disclosure because children are unlikely to be present
Under 40 CFR Part 745.101, housing exclusively for the elderly (0-bedroom units and units designated for elderly housing with no children under 6) is exempt from lead paint disclosure for sales purposes. The rationale is that young children, who are most vulnerable to lead exposure, are not present.
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Previous Question
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?
Next Question
An Ohio seller provides the lead-based paint disclosure, and the buyer waives the 10-day inspection period. After closing, the buyer discovers lead paint and sues the seller for not disclosing known lead paint. Under federal law, does the buyer's waiver of the inspection period affect the claim?