Lead Paint, Anyone? - Posted by Rich

Posted by Redline on December 21, 1998 at 19:08:46:

Informed, yes - but my point was and is: Having the seller fill out this simple lead questionaire is USELESS. Either they don’t know or they lie and say they don’t know about lead being present. Nobody verifies the information and nobody really cares. Like I said … they care more that the form is filled out than actually was it says. If this is the governments way of protecting the public against lead they too missed the point.


Lead Paint, Anyone? - Posted by Rich

Posted by Rich on December 17, 1998 at 21:00:55:

I live in Maryland, where there is a push to make all properties lead paint free. Is this going on in other states, and if so, how are investors and landlords dealing with it?

Re: Lead Paint, Anyone? - Posted by Cathryn

Posted by Cathryn on December 19, 1998 at 13:47:25:

I’m working now on buying rental property and my lawyer gave me copy of the Lead Paint pamphlet. My question is this: As a landlord, you’re not allowed to discriminate against families with children. If you have a property with a possible lead paint problem, can a prospective tenant with children insist that you pay to correct the problem or they will sue you for discrimination? Or are you simply required to inform them that the problem may exist, so they can make the decision themselves to rent your property and thereby risk their children?

Ever watch “This Old House”… - Posted by Soapymac

Posted by Soapymac on December 18, 1998 at 13:28:36:

on PBS?

That show originates from WGBH, the PBS station in Boston. The series is also in re-runs on cable. On occasion you will notice “spacemen” removing the lead paint in older houses.

Massachusetts has one of the toughest lead paint laws in the US. Basically, if you have an apartment you are renting…and children under 6 live there…and it is proven that there is lead paint on a “mouthable” surface…and that surface is less than four feet off the floor…YOU MUST either de-lead the property…OR

you must apply an encapsulating paint to prevent the lead paint from being “eaten” by a child.

You can’t do EITHER ONE OF THE REPAIRS. They have to be performed by a state licensed contractor. Big Bucks.

Further, if you are selling a SFR, the buyer has the right, at his own expense, of having the home tested for lead paint. If lead paint is found, then some serious negotiations will go on as to who will remove it. If lead paint is found, a buyer can legitimately back out of a signed P&S.

For those of you who have NOT HAD THE PLEASURE of dealing with this situation, you may want to do some research by asking questions on this board.

As a “for instance,” Redline below, in his post, suggests indirectly that it would have no effect on a sale should lead paint be discovered, even if the seller does not truthfully know.

Watch this one. If the laws in your state are not properly drawn up, a buyer could have recourse against you, the seller, EVEN AFTER THE CLOSING, if lead paint is discovered.

Best thing to do is to CYA…


Re: Lead Paint, Anyone? - Posted by Doug

Posted by Doug on December 17, 1998 at 21:48:32:

Yes it is going on in my area as well… They have made it so a lead paint addendum is now a necessity in purchase agreements and then about 1 year later it became an issue that you must give a lead paint disclosure to anyone you rent to…

Re: Lead Paint, Anyone? - Posted by Rob FL

Posted by Rob FL on December 19, 1998 at 16:47:38:

The current lead based paint law is a federal law, however there may also be some state and local laws depending on your location, so check that also. The federal law requires 1) a disclosure as to any knowledge, inspections, etc. that landlord has on lead paint and 2) that tenant receives an approved pamphlet on lead paint before moving in. I get my forms from the local realtors office.

There is no federal requirement that I am aware of which requires landlord to correct the paint problems.

Re: Lead Paint, Anyone? - Posted by Elishia

Posted by Elishia on December 19, 1998 at 15:00:46:

Recently completed an appraisers course and my understanding is that the landlord HAS to inform the tenants about the possibility of lead paint. If the paint is in good condition (no chips) you don’t have to do anything. If the paint is chipping you just have to do a reasonable job of scraping and paint over it. Call your local code enforcement office and ask what the code is for your area.

WARNING - Posted by Lee

Posted by Lee on December 18, 1998 at 23:56:36:

Federal Law requires buyers and a sellers of real property (real estate agents involved or not)to have the form: “DISCLOSURE FORM FOR TARGET HOUSING SALES” subtitled “DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS” filled out completly and signed by the buyer and seller. The purchacer must sign off (initial) saying they have received the pamphlet “PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME” The last I heard the EPA’s fines for “non compliance” were up around $500,000 so far. The LAW went into efect in 1996

Re: Ever watch “This Old House”… - Posted by Redline

Posted by Redline on December 18, 1998 at 14:36:19:

Unfortunately for me, I had to sit through a led paint seminar at my MLS and from what I gathered (and from what’s happening with home sales right now) as long as the seller has no knowledge of the led paint hazard then they are off the hook. I don’t see anything that says (right now) they can be liable after the fact. I imagine it would be difficult to prove the DEFINATELY knew the home had lead paint. I mean, you’re selling a 150 year old house and the realtor wants to know if it has lead paint - and seller says “Not that I know of” … I mean give me a break here.

We were even told by an environmental guy that as long as it’s not flaking or chipping, don’t worry about it. Just slap some paint on it and move on.

I do agree this may end up getting very sticky.


Re: Ever watch “This Old House”… - Posted by LHoffman

Posted by LHoffman on December 18, 1998 at 14:07:13:

I love that show. Watch it every Saturday… Norm rules!!!


Re: Lead Paint, Anyone? - Posted by Redline

Posted by Redline on December 17, 1998 at 22:14:29:

I believe the disclosures are probably being doled out everywhere, but I don’t see how this is doing anything at all to get rid of lead paint. It doesn’t even end up telling the buyers much of anything either. Heck, the sellers just fill it out and say “I don’t know!” and off they go. I really don’t see the point.


Re: WARNING - Posted by Rob FL

Posted by Rob FL on December 19, 1998 at 07:22:13:

There is also a new federal law going into effect sometime in mid-1999. It will require distribution of the federal pamphlet also if you do certian types of renovation while the tenant is living in the property. Such renovation includes installing windows and painting.

Big deal. - Posted by Redline

Posted by Redline on December 19, 1998 at 02:29:09:

Right. It seems to me the EPA is more concerned with the fact that the form is filled out. What’s actually ON the form doesn’t seem to mean a whole lot.


Re: Lead Paint, Anyone? - Posted by johnman

Posted by johnman on December 21, 1998 at 18:02:08:

You are correct Redline. The whole purpose is just to inform the buyer that the house might have lead based paint. But one thing for sure that is happening is this has become an item for negotiation.


Re: Lead Paint, Anyone? - Posted by Doug

Posted by Doug on December 17, 1998 at 23:08:58:

You are right about that Redline…

Re: Big deal. - Posted by Lee

Posted by Lee on December 19, 1998 at 19:23:00:

Hi Redline,

It is a big deal to me. The powers that be want the pubilc to know the hazards of Lead. That is what the pamphlet is all about.

I personaly would rather be informed … Makes no difference what the subject.