California Real Estate Broker ExaminationReal Estate PracticeEasy
A real estate broker is working with a seller of a single-family home. The seller informs the broker that the property was built in 1968 and has not had any lead-based paint remediation. What is the broker's primary responsibility regarding lead-based paint disclosure in this transaction?
- ATo ensure the seller provides the buyer with a lead-based paint disclosure form and pamphlet.
- BTo advise the buyer to waive their right to a lead-based paint inspection.
- CTo disclose only if the buyer specifically asks about lead-based paint.
- DTo personally test the property for lead-based paint hazards.
Show answer & explanationAnswer & explanation
Correct answer: A. To ensure the seller provides the buyer with a lead-based paint disclosure form and pamphlet.
Federal law requires sellers of homes built before 1978 to disclose any known lead-based paint hazards and provide buyers with a specific disclosure form and an EPA-approved pamphlet. The broker's role is to ensure the seller complies with this requirement.
Why the other options are wrong
- B. Advising a buyer to waive rights is a conflict of interest and against the buyer's best interest; the buyer must make this decision independently.
- C. Disclosure is mandatory, regardless of whether the buyer asks, for homes built before 1978.
- D. Brokers are not required or typically qualified to test for lead-based paint; this is a specialized service.
Lead-Based Paint Disclosure (Broker Duty)
For residential properties built before 1978, real estate brokers must ensure sellers comply with federal law requiring disclosure of known lead-based paint hazards and providing an EPA pamphlet to buyers.
- Applies to homes built before 1978.
- Seller must disclose known hazards and provide related records.
- Buyer receives an EPA-approved lead hazard information pamphlet.
- Buyer has 10 days to conduct a risk assessment or inspection.
- Broker ensures compliance, but does not perform inspections.
Memory trick: Lead paint: 78's the date; disclose the hazard, don't hesitate!