Lead Paint Issues

Lead Paint

Margy Senna, Arizona realtor

Our MLS standard forms have built-in disclosure receipt clauses.

Ten percent of the population has above acceptable levels of lead paint in their bodies. EPA thinks much of it is coming from lead paint. The purpose of this required disclosure is to alert buyers and tenants to the dangers of lead paint and to expose offending sellers and landlords to financial risk. This is an important issue for our nation's children and for the pocketbooks of sellers and landlords.

Buyers and tenants must receive the lead paint poisoning pamphlet for housing built prior to 1978. Landlords should attach a rider to a rental agreement where the tenant acknowledges receipt of the pamphlet and any known lead hazards. Sample rider to acknowledge receipt of disclosure.

If sellers and landlords don't provide the buyer/tenant with a lead paint pamphlet and the buyer/tenant acquires lead poisoning, the seller/ landlord can be held liable for damages caused by lead paint poisoning.

Get the pamphlet. This link will allow you to download the approved disclosure pamphlet complete with graphics. Other Lead Paint Information

I always have a supply of lead paint pamphlets.

You should deliver the Protect your family from Lead Paint in your home pamphlet and any known lead studies and have the buyer/tenant acknowledge receipt.

This lead paint law is very precise. See a recent legal FAQ.

One lead paint seminar speaker said he thought the lead paint issue was much-to do-about-nothing. That was before he met a child that was brain damaged from lead paint poisoning. The danger comes from chipping lead paint. Also, if you are remodeling an older home there are guidelines at leadhelp.com which may be helpful.

I mistakenly thought housing more than a century old must be chief offender. At lead paint display at the Realtors convention, I learned the amount of lead in the paint was highest between 1930 -1955.

Seminar speakers are careful to use the phrase "Lead base paint and lead based paint hazards."

Sample attachment to agreement to receipt for disclosure:

Property Address:________________________________ Date:__________

Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards.

Lead Warning Statement

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessee must also receive a federally approved pamphlet on lead poisoning prevention.

Lessor’s Disclosure

(a) Presence of lead-based paint and/or lead-based paint hazards (Check one below):

_____ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). _______________________________

______ Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

(b) Records and reports available to the lessor (Check one below):

_____ Lessor has provided the lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below).

_____ Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.

Lessee’s Acknowledgement

(c) ____ Lessee has received copies of all information listed above.

(d) ____ Lessee has received the pamphlet Protect Your Family from Lead In Your Home

Lessee ________________ Date ______ Lessor ________________ Date _____