As a real estate agent, you play an important role in protecting the health of families purchasing and moving into the home you’re helping to sell. Homes built before 1978 are much more likely to have lead-based paint. Federal law requires you to make sure the seller provides certain important information about lead paint before a prospective buyer is obligated under a contract to purchase the home.
As a real estate agent, you must:
- Inform the seller of his or her obligations under the Real Estate Notification and Disclosure Rule. In addition, you (the agent) are responsible if the seller fails to comply unless the failure involves specific lead-based paint or lead-based paint hazard information that the seller did not disclose to you. A seller’s obligations are as follows:
- Give the buyer any known information, records or reports concerning lead-based paint or lead-based paint hazards in the home, including the location of the hazard and condition of painted surfaces.
- Give the buyer an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, Protect Your Family From Lead In Your Home (PDF).
- Allow the buyer a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree, in writing, to lengthen or shorten the time for inspection. Homebuyers may waive this inspection opportunity.
- Include an attachment (called the Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards) to the contract which includes a Lead Warning Statement and confirms that the seller has complied with all notification requirements. The seller, homebuyer and both agents must sign and date the attachment. It’s easy to attach PDF documents in Matrix. View this Matrix Help tab how-to document for step-by-step instructions.