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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?

Correct Answer

C) No, the waiver of the inspection period does not waive the buyer's right to sue for known non-disclosure by the seller

Waiving the 10-day lead inspection period only means the buyer chose not to inspect — it does not waive the buyer's right to sue if the seller failed to disclose known lead-based paint information. The seller's disclosure obligation exists independently of the buyer's inspection decision.

Answer Options
A
Yes, the waiver eliminates all claims related to lead paint
B
Yes, because the buyer assumed all risk by waiving the inspection
C
No, the waiver of the inspection period does not waive the buyer's right to sue for known non-disclosure by the seller
D
No, but the buyer must first file a complaint with the EPA before suing the seller

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Related Topics & Key Terms

Key Terms:

waiver_vs_disclosureseller_liabilityinspection_waiverohio_disclosures
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