Texas Lead-Based Paint Addendum
Overview of this form
The Lead-Based Paint Addendum is a legal document used in real estate transactions to disclose information about lead-based paint and hazards in properties built before 1978. This addendum complies with both Texas law and federal regulations, ensuring that buyers are informed of any risks associated with lead exposure, especially for young children and pregnant women. It differs from other real estate forms by specifically addressing lead-based paint safety requirements.
Main sections of this form
- Lead warning statement outlining the risks of lead exposure.
- Sellers disclosure regarding the presence of lead-based paint or hazards.
- Buyer's rights regarding inspections and reports on lead-based paint.
- Broker's acknowledgment of their responsibilities under the law.
- Certification of accuracy confirming the truthfulness of information provided.
When to use this document
This form should be used when selling or purchasing residential property that was built prior to 1978. It is essential for sellers to disclose any known lead hazards to comply with federal law, and buyers should use it to understand their rights related to lead inspections and disclosures. This addendum is an important part of the sales process to prevent health risks associated with lead exposure.
Who should use this form
- Home sellers of properties built before 1978.
- Real estate agents and brokers involved in the transaction.
- Home buyers looking to understand potential lead hazards in a property.
Steps to complete this form
- Provide the property address where lead-based paint risks are assessed.
- Check the appropriate boxes regarding the presence of lead-based paint or hazards.
- Disclose any records and reports related to lead paint in your possession.
- Indicate the buyer's rights regarding inspections and any waivers.
- Ensure signatures and dates are completed by all parties involved in the transaction.
Is notarization required?
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
Common mistakes
- Not providing adequate information about lead-based paint hazards.
- Failing to allow the buyer a reasonable time for inspection.
- Using outdated versions of the form or not following the latest regulations.
Advantages of online completion
- Easy access to downloadable templates that can be customized quickly.
- Convenience of filling out forms from home without needing specialized legal knowledge.
- Forms drafted by licensed attorneys, ensuring compliance with legal standards.
Form popularity
FAQ
The Rule states that if an agent is involved in a transaction to sell target housing, the "Lead Warning Statement" must include a statement signed by the agent that the agent has informed the seller of the seller's legal obligations and that the agent is aware of his/her duty to ensure compliance with the Rule.
The lead-based paint disclosure form is a required form to be issued to all tenants and potential buyers for residential properties built before 1978.The forms were written to warn any new owners or tenants of the potential existence of this within the interior walls of the residence.
Federal law requires you to provide certain important information about lead-based paint and/or lead-based paint hazards before a prospective buyer is obligated under a contract to purchase your home.Inform the seller of his or her obligations under the Real Estate Notification and Disclosure Rule.
Lead-based paints were banned for residential use in 1978. Homes built in the U.S. before 1978 are likely to have some lead-based paint. When the paint peels and cracks, it makes lead paint chips and dust.
You can generally tell if the paint you are dealing with is lead-based if the sub-layers of paint are still present on a surface and the building was constructed before 1978, or by using a lead paint test kit on the paint in question.
Older Homes and Buildings In 1978, the federal government banned consumer uses of lead-based paint, but some states banned it even earlier. Lead paint is still present in millions of homes, sometimes under layers of newer paint. If the paint is in good shape, the lead paint is usually not a problem.
Most homes built before 1978 contain lead paint. In fact, some buyers specifically seek to purchase an older home for its charm and character.
Yes, you can paint over lead-based paint, but not with just any type of paint.Encapsulation is less expensive than lead paint removal and it's actually safer since it doesn't release lead dust or debris into the air. Keep in mind; conventional oil- or water-based paints are not encapsulants!
