Margaret is selling her Knoxville home, which was built in 1974. During the listing appointment, her affiliate broker, David, learns that the home has never been tested for lead-based paint. The buyer, a young couple with two toddlers, is under contract to purchase the property. Which statement correctly describes the disclosure obligations that apply to this transaction under both federal and Tennessee law?
Correct Answer
A) David must ensure Margaret completes the Tennessee Property Condition Disclosure form disclosing any known lead-based paint, and the buyers must receive the EPA-approved lead hazard pamphlet and a ten-day inspection opportunity under federal law.
Two separate disclosure obligations apply here. Under Tenn. Code Ann. § 66-5-201 et seq., Margaret must complete the Tennessee Property Condition Disclosure form and disclose any known lead-based paint or lead-based paint hazards. Separately, under the federal Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. § 4852d), because the home was built before 1978, the seller must provide the EPA-approved 'Protect Your Family from Lead in Your Home' pamphlet and give the buyer a 10-day opportunity to conduct a lead-based paint inspection before becoming obligated under the contract. Both obligations coexist and must be satisfied.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Mandated Disclosures Question
Background Knowledge for Mandated Disclosures
Real World Application in Mandated Disclosures
Related Topics & Key Terms
Key Terms:
More Mandated Disclosures Questions
The Truth in Lending Act (TILA) requires disclosure of:
Which disclosure is required under the Real Estate Settlement Procedures Act (RESPA)?
Which federal law requires disclosure of known lead-based paint hazards in residential properties built before 1978?
A seller's agent who is aware of a material defect that the seller has not disclosed should:
For properties built before 1978, buyers must be given how many days to conduct a lead-based paint inspection?
- → What property requires Texas Seller's Disclosure?
- → Environmental hazard disclosures may include information about:
- → Property disclosure forms should be completed:
- → The buyer's right to receive disclosures typically includes:
- → Water intrusion or past flooding must be disclosed:
- → Megan's Law disclosures relate to:
- → The purpose of property disclosure requirements is to:
- → The doctrine of 'caveat emptor' (buyer beware) has been largely replaced by:
- → The majority of homes built before _____ used lead paint.
- → Lead-based paint disclosure is required for residential properties built before: