Lead Paint Rules

Here is a reminder for all home sellers, residential realtors, brokers, investors and property managers to learn, understand and follow the federal lead paint disclosure rules.

EPA FILES COMPLAINT FOR NOT DISTRIBUTING LEAD PAMPHLETS-

The U.S. Environmental Protection Agency recently filed a complaint against property manager National Enterprises, Inc. and owner MA No. 2, LLC in Springfield, Massachusetts. the complaint asserts that these targets violated the federal Lead Disclosure Rule when they failed to disclose information about lead paint to tenants who rented between June 2004 and January 2005. The EPA is seeking a penalty of up to $11,000 per violation for the 30 violations of the Disclosure Rule.

Please remember to provide the EPA Renovate Right pamphlet during renovation projects in pre-1978 homes which can be downloaded in several places on the Internet, such as www.buildindiana.org (choose codes and laws, and select EPA lead rule info option.)

Also, make sure your purchase agreements, leases, land contracts and similar documents comply with this law.

Most states have trade groups, such as professional realtors, that offer form agreements. Those agreements almost universally address lead. But what if you hire an agent or a property manager to manage a property for you? In that case, you'll need to make sure that the agent or property manager is complying with the law. It will not be a defense to a lawsuit or claim (or administrative action) that you hire a representative and were no longer actively involved in the real estate. If you own the property, you must follow the law.