An Ohio seller provides the lead paint disclosure indicating no knowledge of lead paint. The buyer hires a certified lead inspector who finds lead paint in several rooms. The buyer negotiates a $5,000 credit for lead encapsulation and proceeds with the purchase. Two years later, the buyer discovers the seller had a previous lead inspection report showing lead paint but withheld it. Under federal law, what remedy can the buyer pursue?
Correct Answer
A) The buyer can sue for treble damages based on the seller's deliberate concealment of the prior report
The seller deliberately concealed a known lead inspection report, violating 42 USC §4852d. The buyer can sue for treble damages (three times actual damages) plus attorney fees. The fact that the buyer's inspector also found lead does not excuse the seller's deliberate concealment of a known report.
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More Oh Disclosure Requirements Questions
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Previous Question
An Ohio seller of a pre-1978 home has lived in the property for 30 years and has repainted multiple times using latex paint. The seller has never tested for lead paint and states 'no knowledge' on the lead disclosure. Under Ohio practice, is this response appropriate?
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An Ohio bank forecloses on a pre-1978 home and lists it as REO (real estate owned). Under federal lead paint disclosure law, must the bank provide lead paint disclosure to potential buyers?