Lead-based Paint

After reading the information below, please read what to do about Lead-based paint.

Lead: a heavy, soft, bluish-gray metallic chemical element used for piping, in pencils, etc.

According to Webster's New World Dictionary, lead sounds fairly harmless. In fact, it sounds quite beneficial and useful. And, for the most part, it is all of these things -- but only when used properly. What Mr. Webster does not define is the negative effects lead can have on the human body, especially when found in paint.

Lead is a highly toxic metal that can attack the central nervous system when inhaled or ingested and is considered to be one of the major environmental concerns in residences, commercial buildings and work places. Negative effects of lead-based paint are most detrimental to children, fetuses and women of childbearing age. Although the use of lead-based paint ceased in 1977, according the Department of Housing and Urban Development (HUD), more than three quarters of the homes built before 1978 contain some lead-based paint.

Real estate professionals historically have kept an eye on environmental issues that affect ownership of private property. Lead-based paint is obviously one such issue.

Fortunately for the entire industry, the U.S. Environmental Protection Agency (EPA) and HUD recently released new federal lead-based paint regulations which balance the need to protect the health and welfare of those most at risk (particularly small children) without undue government burden on families seeking to secure safe and affordable housing.

The EPA and HUD issued final regulations to implement the Residential Lead-Based Paint Hazard Reduction Act, known as Title X, passed by Congress in 1992. The REALTOR® associations nationwide have worked closely with these agencies to create the regulations and applaud their willingness to listen to the private sector.

In a nutshell, the rule requires real estate agents to ensure that those selling or leasing property built before 1978 disclose the known presence of lead-based paint or lead-based paint hazards. This rule will encourage both the seller and the buyer to explore possible existing environmental hazards on a property before a transaction occurs. And, it could go far toward eliminating this as a health problem for future generations.

Specifically, the new EPA/HUD rules state that:

l. Sellers and landlords must disclose known lead-based paint hazards and provide available reports to buyers or tenants.

2. Sellers and landlords must give buyers and renters the EPA/HUD/Consumer Product Safety Commission pamphlet titled, Protect Your Family From Lead in Your Home.

3. Home buyers will get a 10-day period to conduct a lead-based paint inspection or risk assessment at their own expense, if desired. The number of days can be changed by mutual consent.

4. Sales contracts and leasing agreements must include certain language to ensure that disclosure and notification actually take place.

5. Sellers, lessors and real estate agents share responsibility for ensuring compliance.

The rules require no testing, removal or abatement of lead-based paint and does not invalidate leasing and sales contracts. But, if any lead hazards are found, the law does not prevent the two parties from negotiating hazard reduction as a contingency. This will be handled in the same way as any other housing defect.

The new rules take effect on September 6, 1996, for owners of more than four dwellings, and December 6, 1996, for owners of four or fewer dwellings. Penalties for noncompliance are quite severe and can range up to $10,000 for each violation and imprisonment for up to one year.

Current forms of lead-based paint disclosure will continue to be enforced as well. In Ohio, the owner(s) of property for sale is required to complete a Residential Property Disclosure Form, on which is a section on the presence of hazardous materials, including lead-based paint. As well, the Federal Housing Administration (FHA) requires disclosure pamphlets to inform borrowers of the presence and/or risks of lead-based paint.

These new disclosure rules are, indeed, very detailed, and space does not permit me to go any further into detail. If questions still exist, you are encouraged to contact the National Lead Information Center at 800-424-LEAD (5323). The Center can provide you with the before-mentioned pamphlet as well as sample disclosure forms, copies of the new regulations and much more.

Before you buy a home, be sure to contact your Akron Area Board of REALTORS® with any additional questions. The Akron Area Board of REALTORS® makes a concerted effort to keep all of its members updated on lead-based paint issues so that each member knows what is required. By working with a REALTOR when looking to buy or sell a home, you can be assured that your rights, and desires regarding lead-based paint abatement, will be addressed. To read more about lead based paint, click here.