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Was Your House Built Before 1978?
Under
the Protection from Lead law, before finalizing a
contract for the sale or lease of housing built before
1978:
- Sellers, landlords or their agents must disclose
known information regarding lead-based paint hazards
in the housing including copies of any inspection
reports;
- Sellers, landlords or their agents must provide
purchasers and renters with an EPA pamphlet titled
"Protect Your Family from Lead in Your Home";
- Purchasers have ten days to inspect or test for
lead hazards.* This time period may be shortened or
lengthened by mutual agreement; and
- Sales contracts and leasing agreements must
contain disclosure statements. Signed copies must be
kept for three years.
What type of homes does this law apply to?
This law applies to most private housing, public
housing and housing that is Federally owned or funded.
The law does not apply to the following kinds of
residential properties:
- Housing built after 1977.
- "Zero-bedroom" dwellings such as studios,
dormitories, lofts, etc.
- Properties leased for 100 days or fewer, such as
vacation homes and short term rentals.
- Housing for the elderly or handicapped (unless
children live there).
- Rental housing that has been inspected by a
certified inspector and found to be free of
lead-based paint. (Lead-based paint is paint that
contains 1.0 mg/cm2 or (0.5% by weight) or more
lead.)
- Foreclosure sales.
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