Copyright 1996, Marc S. Weissman
Weiss & Weissman, San Francisco, California
(650) 574-0362
To Contact us: email
Phone/Fax/Mail
Homepage

Return to Real Estate Directory

This Article is designed to be of general interest. The specific techniques and information discussed may not apply to you. Before acting on any matter contained herein, you should consult with your personal legal adviser.

Lead Based Paint Disclosure Requirement

Effective December 6, 1996, for properties built before 1978, Federal Law requires disclosure to new Tenants and to Buyers. [This law was effective in September for owners of 4 or more units, but now applies to all property owners.]

Lead Inspections are not required. Lead clean up is not required. For Buyers or Tenants, the law requires:

  1. Providing the EPA Pamphlet "Protect Your Family from Lead in Your Home"
  2. disclosure to Buyer/Tenant and each real estate agent any known lead-based paint/hazards
  3. provide copies of records or reports about lead-based paint/hazards;
  4. keep signed receipt for EPA Pamphlet for 3 years; and
  5. Sales Contracts must specify that Buyers (not tenants) have a 10 day inspection period, and right of cancellation.
If lead is discovered, no action is required: disclosure is required.

Inexpensive X-ray inspections can reveal lead paint, without disturbing wall surfaces.

Return to Real Estate Directory
Return to Home Page