42 USC 4852d - Disclosure of information concerning lead upon transfer of residential property

U.S Code last checked for updates: Nov 22, 2024

§ 4852d.

Disclosure of information concerning lead upon transfer of residential property

(a)

Lead disclosure in purchase and sale or lease of target housing

(1)

Lead-based paint hazards

Not later than 2 years after October 28, 1992, the Secretary and the Administrator of the Environmental Protection Agency shall promulgate regulations under this section for the disclosure of lead-based paint hazards in target housing which is offered for sale or lease. The regulations shall require that, before the purchaser or lessee is obligated under any contract to purchase or lease the housing, the seller or lessor shall—

(A)

provide the purchaser or lessee with a lead hazard information pamphlet, as prescribed by the Administrator of the Environmental Protection Agency under section 406 of the Toxic Substances Control Act [15 U.S.C. 2686];

(B)

disclose to the purchaser or lessee the presence of any known lead-based paint, or any known lead-based paint hazards, in such housing and provide to the purchaser or lessee any lead hazard evaluation report available to the seller or lessor; and

(C)

permit the purchaser a 10-day period (unless the parties mutually agree upon a different period of time) to conduct a risk assessment or inspection for the presence of lead-based paint hazards.

(2)

Contract for purchase and sale

Regulations promulgated under this section shall provide that every contract for the purchase and sale of any interest in target housing shall contain a Lead Warning Statement and a statement signed by the purchaser that the purchaser has—

(A)

read the Lead Warning Statement and understands its contents;

(B)

received a lead hazard information pamphlet; and

(C)

had a 10-day opportunity (unless the parties mutually agreed upon a different period of time) before becoming obligated under the contract to purchase the housing to conduct a risk assessment or inspection for the presence of lead-based paint hazards.

(3)

Contents of lead warning statement

(4)

Compliance assurance

(5)

Promulgation

(b)

Penalties for violations

(1)

Monetary penalty

(2)

Action by Secretary

(3)

Civil liability

(4)

Costs

(5)

Prohibited act

(c)

Validity of contracts and liens

(d)

Effective date

(Pub. L. 102–550, title X, § 1018, Oct. 28, 1992, 106 Stat. 3910.)

cite as: 42 USC 4852d