"where the people of the north country buy and sell their real estate"

In 1992, Congress enacted into law the Residential Lead-Based Paint hazard Reduction Act (Title X of Public Law 102-550). This law directs the EPA and HUD to regulate disclosure of lead-based paint hazards in the sale or lease of pre-1978 residential properties.

Effective dates for EPA and HUD Regulations:
September 6, 1996 Owners of more than 4 residential dwellings*.
December 6, 1996 Owners of 1 to 4 residential dwellings*.

Note: one residential dwelling is equal to one single family home or one unit in a multi-family building such as an apartment, condo, or co-op.

There are three key things to consider about lead-based paint:

• Intact, lead-based paint that is in good condition is usually not a hazard.
• Peeling, chipping or cracking lead-based paint is a hazard and is potentially harmful.
• Lead dust generated from friction sources such as windows, door frames and Stairs is a particularly significant source of lead exposure.

As a general rule, the older the home, the more likely it is that it will contain lead-based paint. The only way to know for sure is to have an inspection conducted by an EPA-certified lead testing company.

Seller’s and Broker’s Responsibilities:

• Seller’s must disclose their actual knowledge, ie. Prior test results or other first hand knowledge of lead based paint hazards.
• When the seller or lessor uses the services of a real estate broker in marketing the property, the broker has the responsibility to ensure that the seller or lessor complies with the disclosure regulations.
• Any other agent involved in the transaction, such as a cooperating agent, whether they are the buyer’s agent, subagent, or facilitator, are also responsible to ensure that the seller or lessor satisfies his obligations. The only agents that are exempt are buyer agents who receive all their compensation from the buyer/lessee.

There are (5) Five Basic Requirements:

1. Disclose the presence of known lead-based paint and/or lead-based paint hazards in residential dwellings built prior to 1978.
2. Provide purchasers and lessees with copies of any available records or reports pertaining to the presence of lead-based paint or lead-based paint hazards.
3. Provide purchasers and lessees with a federally approved lead-based paint hazard information pamphlet.
4. Provide purchasers with a period of up to 10 days (or mutually agreed period), prior to becoming obligated under the purchase contract, during which time the purchaser may conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. The purchaser may agree to waive this testing opportunity.
5. Sales and lease contracts must include certain specified disclosure and acknowledgement language.

Further Information Can Be Obtained From:

In Vermont: 802-863-7231
National Lead Clearinghouse: 1-800-424-LEAD
General Information about lead poisoning: 1-800-LEAD-FYI
National Safety Council:
E-mail: ehc@cais.com
Webpage http://www.nsc.org/nsc/ehc/ehc.html

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