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California Lead Based Paint Disclosure for Sales Transaction

San Jose California Lead Based Paint Disclosure for Sales Transaction

Category:

Real Estate - Home Sale

State:

California

City:

San Jose

Control #:

CA-LEAD1

Format:

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Description

This Lead-Based Paint Disclosure statement is required by Federal Law when selling residential housing built prior to 1978. If the home was constructed PRIOR TO 1978, this form is REQUIRED to be completed and signed by the seller and buyer. If the dwelling was constructed in 1978 or later, this form is not required. If in doubt about the timing of construction, use the disclosure form. Whenever the form is used, the seller must also give the buyer the EPA Lead Paint pamphlet (link included).

Also includes: link to 'Environmental Hazards' pamphlet.

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FAQ

Section 1018 of this law directed HUD and EPA to require the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.

Landlords must give prospective tenants of target housing, including most buildings built before 1978: An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, Protect Your Family From Lead In Your Home (PDF).

If you plan to do any work designed to reduce or eliminate lead-based paint, lead-contaminated dust, or lead-contaminated soil in or on residential or public buildings in California, State law requires you to be a CDPH LRC-certified Lead Supervisor or Worker (Title 17, CCR, Section 36100(a)(1)).

The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards.

Although lead-based paint was banned for residential use in the United States in 1978, it is still present in millions of homes in California and continues to be the leading cause of childhood lead poisoning in the state. All homes built before 1978 are presumed to contain lead paint.

No. The law does not require an owner to conduct or pay for an inspection. A seller must, however, give buyers 10 days to inspect the property for lead. Nothing in the rule requires an owner to remove lead-based paint or lead hazards from the property.

Lead-based paint was banned in 1978, but most homes in L.A. County were built before that, so many children are at risk just from crawling around their living rooms or playing in the yard.

Residential Lead Laws in California Hazard Reduction Act of 1992 states that individuals must permanently remove lead-based paint hazards in accordance with federal standards.

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