Lead-Based Paint Disclosure

What is lead?

Lead is an extremely toxic metal that may cause a range of health problems, especially in young children.

Where you can Find Lead?

The lead was used as a pigment and drying agent in alkyd oil-based paint. Lead-based paint may be on any interior or exterior surface, but it is particularly common on doors, windows, and other woodwork. The federal government estimates that lead is present in about 75% of all private housing built before 1978; that’s approximately 57 million homes, ranging from apartments to mansions.

Lead dust can be ingested from the hands of crawling infant, inhaled by any occupant of a structure, or ingested from the water supply because of lead pipes or lead solder. Soil and groundwater may be contaminated by everything from lead plumbing in leaking landfills to discarded skeets and bullets from an old shooting range. High levels of lead have been found in the soil near waste-to-energy incinerators.

Is Lead Harmful?

When lead is absorbed into the body, it can cause damage to the brain, nervous system, kidneys, and blood.

Lead may also cause behavioral problems, learning disabilities, seizures and in extreme cases, death. Some symptoms of lead poisoning may include headaches, stomachaches, nausea, tiredness, and irritability. Children who are lead poisoned may show no symptoms.

Children younger than six are the most vulnerable to damage from excessive lead levels, which can cause learning disabilities, developmental delays, reduced height, and poor hearing. Excessive exposure in adults can induce anemia and hypertension, trigger gallbladder problems, and cause reproductive problems in both men and women.

Lead-Based Paint Hazard Reduction Act (LBPHRA)

In 1996, the EPA and HUD issued final regulation under the Lead-Based Paint Hazard Reduction Act (LBPHRA) of 1992, requiring disclosure of the presence of any known lead-based paint hazards to potential buyers or renters. The federal law does not require that anyone test for the presence of lead-based paint, however, under later regulations, EPA imposed training and certification requirements, which took effect June 23, 2008, for renovators of certain property containing lead-based paint.

Lead-Based Paint Disclosure

Federal law places the responsibility on the seller or the landlord to disclose lead-based paint. Even an unrepresented seller (for sale by owner) must disclose.

There are two forms: Lead-Based Paint Disclosure (Sales) and Lead-Based Paint Disclosure (Rentals). Property owners must use these forms for all properties with building permits prior to January 1, 1978.

Note that the federal law only states properties built before January 1, 1978, but Colorado law clarifies that it applies to properties with building permits prior to January 1, 1978.

The lead-based paint disclosure forms have five sections. The first is a description of lead-based paint and lead-based paint hazards. The second disclose whether or not the landlord or the seller has any knowledge regarding lead-based paint on the property. Also, the section has an area to note whether or not the landlord or the seller has reports in regard to lead-based paint. The tenant or the buyer uses the third section to acknowledge receipt of the disclosure and the federal pamphlet Protect Your Family from Lead in Your Home. The sales-specific form gives buyers further notice of their right to have ten days to have the property inspected for lead-based paint. If the buyer chooses to have the property inspected, the amount of time will be determined by the inspection section of the Contract to Buy and Sell Real Estate, which may or may not be ten days. The form also gives the buyer the choice to waive any assessment or inspection of the property.

The fourth section gives notice and acknowledgment of the real estate licensee’s obligation to both inform the owner of the owner’s obligation to disclose and the licensee’s responsibility to ensure compliance with the disclosure of all parties.

In the sale of a property that requires a lead-based paint disclosure, the Contract to Buy and Sell Real Estate calls for the buyer to receive the disclosure before the seller accepts the offer, or the contract will be void.

When an offer is being written, the seller and I as the listing broker sign the form and then we send it to the buyer’s broker. The buyer’s broker presents and reviews the form with the buyer, who signs the form. Typically, the last signature belongs to the buyer’s broker who, in order to provide compliance, attaches the completed Lead-Based Paint Disclosure form to the Contract to Buy and Sell Real Estate when presenting the offer to the seller.

The seller or the landlord are not required to test or remove lead-based paint. They must make sure all buyers and tenants receive the pamphlet and disclosure form so they can make an informed choice about the property they are buying or leasing.

Lead-based Paint Inspections

A home can be inspected for lead hazards in the following ways:

• Paint inspection – a paint inspection will provide the lead content of every different type of painted surface in a home. The inspection will not indicate whether the paint is a hazard or how the homeowner should deal with it.
• Risk assessment – a risk assessment indicated whether there are any sources of serious lead exposure, such as peeling paint or lead dust. It also describes what actions can be taken to address the hazards.

Please, contact me if you need help in testing your home for lead-based paint.