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RESPONSIBILITIES OF SELLERS UNDER

RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT

Information for Sellers and Purchasers

 

The disclosure requirements listed below are imposed on Sellers of residential housing built prior to 1978.

 

  1.   Seller(s) must disclose the presence of any lead-based paint hazards actually known to the Seller(s).  This disclosure must be made prior to the Seller(s)' acceptance of the Purchaser(s)' offer.  An offer may not be accepted until after the disclosure requirements are satisfied and the Purchaser(s) have had an opportunity to review the disclosure language, and to amend their offer, if they wish.

 

  1. If the Seller(s) are aware of the presence of lead-based paint and/or lead-based paint hazards in the property being sold, the disclosure must include any information available concerning the known lead-based paint and/or lead-based paint hazards, including the following:

 

i.   the Seller(s)' basis for determining that lead-based paint and/or lead-based paint hazards exist;
ii.   the location of the lead-based paint and/or lead-based paint hazards; and
iii.   the condition of the painted surfaces.

 

  1. If a lead-based paint hazard is not known to the Seller(s), the disclosure must include a statement disclaiming such knowledge.

 

  1. The Seller(s) must provide a list of any records and reports available to the Seller(s) pertaining to lead-based paint and/or lead-based paint hazards, copies of which must be provided to the Purchaser(s).  (If no such records or reports exist, the disclosure statement should affirmatively so state.)

 

  1. The disclosure must include the following government-mandated Lead-Warning Statement:

 

Every Purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning.  Lead poisoning in young children may produce permanent neurological damage including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory.  Lead poisoning also poses a particular risk to pregnant women.  The Seller(s) of any interest in residential real property are required to provide the Purchaser(s) with any information on lead-based paint hazards from risk assessments or inspections in the Seller(s)' possession and notify the Purchaser(s) of any known lead-based paint hazards.  A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.

 

  1. Seller(s) must provide Purchaser(s) with a copy of the federal pamphlet entitled Protect Your Family From Lead In Your Home.  A copy of this is available from your local Promo! store.

 

  1. Seller(s) must permit Purchaser(s) a ten (10) day period (unless the parties mutually agree, in writing, upon a different period of time) to have the property tested for lead-based paint before the Purchaser(s) become obligated under the buy and sell agreement.

 

                    

 

  John Smith           Charles Jones         2/1/01      
Seller / Purchaser (circle one)
Seller / Purchaser (circle one)
Date

 

 

 

Property Address:

  3151 Edgewood Lane                              

Street Address
  Grand Rapids                                    MI  

City, Village, Township                                    State

 

 

Lead Warning Statement

Every Purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning.  Lead poisoning in young children may produce permanent neurological damage including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory.  Lead poisoning also poses a particular risk to pregnant women.  The Seller(s) of any interest in residential real property are required to provide the Purchaser(s) with any information on lead-based paint hazards from risk assessments or inspections in the Seller(s)' possession and notify the Purchaser(s) of any known lead-based paint hazards.  A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.

I.  Seller(s)' Disclosure (initial)
  js    (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): _______________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

 

Seller(s) have no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

  js    (b)

Records and reports available to the Seller(s) (check one below):

Seller(s) have provided the Purchaser(s) with all available records and reports pertaining to

lead-based paint and/or lead-based paint hazards in the housing (list documents below): 

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

 

Seller(s) have no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.

Seller(s) certify that to the best of his/her knowledge, the Seller(s)'s statements above are true and accurate.
  John Smith           2/1/01         Katie Smith           2/1/01      
Seller Date Seller Date

 

II.  Purchaser(s)'s Acknowledgement (initial)

  cj    (a)

Purchaser(s) have received copies of all information listed above.

  cj    (b)

Purchaser(s) have received the federally approved pamphlet

Protect Your Family From Lead In Your Home.

  cj    (c)
Purchaser(s) have (check one below):
 

Received a 10-day opportunity (or other mutually agreed upon period) to conduct a risk 

assessment or inspection of the presence of lead-based paint or lead-basedpint hazards; or

 

Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.

Purchaser(s) certify to the best of his/her knowledge, the Purchaser(s)' statements above are true and accurate.
  Charles Jones           2/1/01         Jenna Jones           2/1/01      
Purchaser Date Purchaser Date

 


 

LANGUAGE FOR SELLER'S ACKNOWLEDGEMENT

LEAD-BASED PAINT

 

Seller(s) represent and warrant that the listed property was built in 1978 or later, and that therefore, the federally-mandated lead-based paint disclosure regulations do not apply to this property.  

 

 

 

 

  John Smith                    2/1/01    Katie Smith                  2/1/01
Seller Date Seller Date

 

A conscientious effort has been made as to the accuracy of this material.
Neither the author, nor the publisher, will assume any liabilities for its use.

The information presented should be considered reliable but not guaranteed.

 

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