Real Estate Disclosures about Potential Lead Hazards
Many homes and condominiums built before 1978 have lead-based paint. Paint that has chipped or is deteriorating, or on surfaces that rub together such as windows and doors, creates lead dust which can pose serious health hazards to occupants and visitors. Homebuyers and renters have important rights to know about whether lead is present -- before signing contracts or leases.
Home buyers
Federal law requires that when purchasing homes built prior to 1978 be informed of potential lead hazards. This disclose occurs BEFORE a contract of sale is executed. Sellers are technically required to provide the following: (Yes realtors do a lot when selling a home)
Provide a copy of the EPA or an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards Protect Your Family From Lead In Your Home (PDF).
Disclose any known information concerning lead-based paint or lead-based paint hazards in the home or building. This could be a lead safe cert from an applicable NJ Lead Safe Law property, a copy of any lead risk assessments, or lead-based paint inspections.
You can provide records and reports concerning common areas and other units for multi-unit buildings when information is obtained due to a building-wide evaluation.
Having a Lead Warning statement in the contract of sale and confirms that the seller has complied with all lead notification requirements.
Allow Buyer 10 days to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. This time frame can be lengthened or shortened if the buyer and seller agree to do so. Homebuyers can also waive this inspection.
If you have a concern about lead-based paint, stain or varnish you should hire a licensed lead consultant to perform an evaluation and to discuss the hazards of lead.
Lead Expert
888-301-1050
Lead can be found on the periodic table and is a naturally occurring element. Lead was used historically because it had properties that were attractive. It is moisture-resistant, malleable, easy to work with and rust-resistant. Lead was used in many products including gasoline, paints (indoor and outdoor), varnishes, piping & pottery. Lead exposure in children can cause nervous system, and kidney damage, as well as learning disabilities, attention-deficit disorder, and decreased intelligence. It can also cause behavior, speech, and language problems, hearing damage, decreased muscle and bone growth, and poor muscle coordination.
Lead-Based Paint means paint or other surface coating material that contains lead in excess of 1.0 milligrams per centimeter squared or in excess of 0.5% by weight, or such other level as may be established by federal law. The NJ Lead Law assumes lead paint is present. All lead paint inspections include a visual assessment for evaluation of deteriorated paint. The HUD regulation defines deteriorated paint as: "Any interior or exterior paint or other coating that is peeling, chipping, chalking or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate."