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Recent reports by the Environmental
Protection Agency indicates that many consumers, landlords and real estate
agents aren't fully aware of the heightened federal rules concerning lead-based
paint. Below are answers to some frequently asked questions about the
law.
What are the disclosure requirements
concerning lead-based paint?
Under a federal law that took effect two
years ago, virtually anyone who is trying to sell a home built before 1978 must
tell potential buyers everything they know about the existence of lead-based
paint in the house. The buyer must also be given a booklet, approved by the
Environmental Protection Agency, that discusses lead dangers and the
precautions homeowners, buyers and renters should take. Importantly, the rules
also require that a prospective homebuyer be given 10 days to have an inspector
search for lead-based paint in the house before the sale closes.
Are any sellers exempt from the law?
Sellers are exempt from the lead-paint disclosure requirements if the home or
apartment building was built in or after 1978, the year the federal government
banned the use of lead-based paint. Owners of studios, lofts and other
"zero-bedroom" units are also generally exempt . Certain types of housing for
elderly or disabled persons are exempt too, but only if children don't live
there. Since most houses and apartments are at least 20 years old, the vast
majority of sellers and landlords are covered by the law.
I don't know whether my home has any
lead-based paint. Can I just tell the buyer that I don't know anything, and
then forget about it?
If you don't know whether the paint was ever used
in your home, you must disclose this fact to the buyer. But your responsibility
doesn't end there: The buyer must still receive the EPA booklet and must still
be offered a 10-day "window" to have the property inspected.
Where is lead paint likely to be the biggest
hazard?
Lead-based paint that is in good condition is usually not a
problem. But paint that is peeling, chipping, cracking or chalking is dangerous
and needs immediate attention. The parts of a house that have the most contact
with hands, feet or nature's elements are the places where problems are most
like to develop. These areas include windows and window sills, doors and door
frames, porches, fences, stairs, railings, and banisters. Another problem, lead
dust, is often created when old paint is scraped or sanded. Breathing the dust
can be extremely dangerous, even though it's hard to see with the naked
eyes.
More FAQ's About Lead Paint:
If I give my home a new paint job, will any
lead paint problems I have go away?
Simply repainting with nontoxic
paint won't automatically solve problems caused by lead paint that was used
before. If the new paint eventually peels or cracks, the old paint will become
exposed again. Repainting also usually involves some scraping or sanding, which
can create lead dust.
How can I tell if there is a lead-based
paint problem in my house?
The best way is to have the property
inspected by a qualified professional. Beware, because there are some
fly-by-night firms that claim to be experts on lead pain even though they know
less that you do. Contact your state's health department to see if it operates
a referral program. The Housing and Urban Department also offers a referral
program to find qualified inspectors.
I am selling my home. What happens if I give
the buyer a 10-day period to have my house inspected for lead-based paint, but
the buyer decides not to order an inspection?
The federal law doesn't
mandate how buyers and sellers must resolve lead-related problems. However,
many real estate agents are using pre-printed contracts that address different
"what if" scenarios. One typical contingency permits the buyer or renter to
cancel the deal if an inspection uncovers unacceptable amounts of lead-based
paint. Another contingency gives the seller or landlord a chance to remove the
paint and complete the transaction if the buyer or tenant agrees the removal
efforts were successful.
How can I obtain the EPA's booklet?
You can call the NLIC's ( National Lead Information Center) toll free number
(800) 424-LEAD (5323) to order a free copy of the booklet, call "Protect Your
Family from Lead Paint in Your Home," plus the government-approved lead-paint
warning and disclosure statement. Or you can download it all from HUD's online
reference library at www.hud.gov.
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