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Home sellers are required to disclose lead paint hazards

| Jan 14, 2021 | Personal Injury

When a family is thinking about purchasing a home in New Jersey, they are probably considering how many bedrooms and bathrooms they would like, whether there is adequate outdoor space and the neighborhood amenities. They may not consider whether their loved ones will be exposed to lead paint, however.

Seller disclosures

The Residential Lead-Based Paint Hazard Reduction Act was enacted to protect families from lead paint exposure. If a house was built before 1978, the home’s sellers are required to disclose information to potential buyers about lead-based paint and its hazards.

This includes providing potential buyers with a pamphlet about these hazards, information about its location in the home and the condition of painted surfaces. The contract must include a lead warning statement and it must be signed by both the seller and buyer.

Sellers have to keep a copy of the lead-paint disclosure for at least three years after the house is sold. In situations where a landlord is leasing a property, they have to follow similar requirements.

Buyer inspections

Buyers have ten days to conduct a paint inspection but the seller and buyer may agree to increase or reduce this time period if they choose. Buyers also have the option to waive this inspection.

Lead paint exposure can cause serious illness in both children and adults. It can cause brain damage, kidney damage and affect the nervous system, among other serious symptoms.  This may lead to significant medical costs, lost wages and pain and suffering.

The victims of these injuries may be entitled to compensation. An experienced attorney can help buyers with their questions, ensure that they receive the proper lead paint disclosures and the opportunity to inspect the property for this hazard.