Under federal lead paint disclosure requirements applicable in Pennsylvania, the seller of a pre-1978 home must provide all of the following to the buyer EXCEPT:
Correct Answer
A) A certificate from a licensed lead inspector confirming the property is lead-free
Federal law does not require the seller to obtain a lead inspection or provide a lead-free certificate. The seller must disclose known information and provide the EPA pamphlet, but there is no requirement to prove the home is lead-free.
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Related Concepts
Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.
A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.
An as-is clause in a real estate contract states that the buyer accepts the property in its current condition without requiring the seller to make any repairs. However, an as-is sale does NOT eliminate the seller's obligation to disclose known defects.
More Pa Seller Disclosure Questions
A Pennsylvania seller is selling a home built in 2005. Must the seller provide a federal lead paint disclosure to the buyer?
Under Pennsylvania's seller disclosure law, which of the following statements about the Seller's Property Disclosure Statement is correct?
Under the federal Lead-Based Paint Hazard Reduction Act as applied in Pennsylvania, the lead paint disclosure requirement applies to all of the following transactions EXCEPT:
A Pennsylvania homeowner transfers his property to his ex-wife as part of a court-approved property settlement two years after their divorce was finalized. Under 68 Pa.C.S. §7304, is this transfer exempt from the disclosure requirement?
Under 68 Pa.C.S. §7304, which of the following transfers is exempt from Pennsylvania's seller disclosure requirement?
- → A Pennsylvania seller sells a mixed-use property that has a ground-floor commercial space and a second-floor residential apartment. The buyer intends to use both portions. Under the PA Seller Disclosure Law, what is the seller's disclosure obligation?
- → A Pennsylvania seller is selling their primary residence in a standard transaction. The seller tells the listing agent that they heard from a neighbor that the property might be in a flood zone, but the seller has never experienced flooding and has no documentation. Under 68 Pa.C.S. §7303, how should the seller complete the flood-related question on the disclosure?
- → A Pennsylvania seller had their home tested for radon and the result was 2.5 pCi/L, which is below the EPA action level of 4.0 pCi/L. Must the seller disclose this test result?
- → A Pennsylvania seller's property was previously used for dry cleaning operations before being converted to residential use. The seller is aware that perchloroethylene (PERC), a common dry cleaning solvent, was used on site. The PA DEP classified the site as a brownfield but issued a final cleanup letter under Act 2 (Land Recycling Program). Must the seller disclose this history?
- → A Pennsylvania seller knows that an underground storage tank (UST) was removed from the property five years ago, and the PA DEP issued a closure letter confirming no contamination. Must the seller disclose the UST history on the Property Disclosure Statement?
- → A Pennsylvania seller is selling a manufactured home that is permanently affixed to a foundation on land the seller also owns. Under 68 Pa.C.S. §7301, is the Seller's Property Disclosure Statement required?
- → A seller in Pennsylvania provides the lead paint disclosure form but forgets to include the EPA pamphlet when selling their 1970 home. Has the seller satisfied the federal lead paint disclosure requirements?
- → In Pennsylvania, what is the primary health concern associated with lead-based paint in residential properties?
- → Under federal law, what pamphlet must be provided to buyers of pre-1978 homes in Pennsylvania?
- → In Pennsylvania, the lead paint disclosure form for a pre-1978 home sale must be signed by which parties?
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