Texas Real Estate Sales Agent ExamTexas Real Estate LawEasy
A real estate sales agent is working with a buyer who expresses concerns about potential lead-based paint hazards in a pre-1978 home. Which of the following statements accurately describes the sales agent's responsibility regarding lead-based paint disclosure under federal law, as implemented in Texas?
- AThe sales agent is only required to disclose lead-based paint if they personally know it exists in the home.
- BThe sales agent must personally test the home for lead-based paint before the buyer makes an offer.
- CThe sales agent must advise the buyer that the seller is responsible for remediating any lead-based paint found before closing.
- DThe sales agent must provide the buyer with a federally approved pamphlet on lead-based paint hazards and ensure the seller provides a disclosure form and any known reports.
Show answer & explanationAnswer & explanation
Correct answer: D. The sales agent must provide the buyer with a federally approved pamphlet on lead-based paint hazards and ensure the seller provides a disclosure form and any known reports.
Under federal law (Title X), sellers and landlords of most pre-1978 housing must disclose known lead-based paint hazards and provide a lead hazard information pamphlet. The agent's responsibility is to ensure these requirements are met.
Why the other options are wrong
- A. The agent's responsibility extends beyond personal knowledge; they must ensure the seller complies with disclosure requirements.
- B. Agents are not required or qualified to perform lead-based paint testing.
- C. Sellers are not generally required to remediate lead-based paint, only to disclose known hazards and allow for inspections.
Lead-Based Paint Disclosure (Federal/Texas)
For most residential properties built before 1978, sellers and landlords must disclose known lead-based paint hazards and provide buyers/tenants with a federally approved lead hazard information pamphlet.
- Applies to pre-1978 residential properties.
- Seller must disclose known hazards and provide reports.
- Buyer receives 'Protect Your Family From Lead In Your Home' pamphlet.
- Buyer has 10-day period (or agreed upon) for inspection.
Memory trick: Lead Paint: 'L'et 'E'veryone 'A'lways 'D'isclose.