Texas Real Estate Sales Agent ExamProperty DisclosuresMedium
A seller is completing the Seller's Disclosure Notice for their 1972-built home. They are aware of some peeling paint in the garage but are unsure if it contains lead. What is their responsibility regarding lead-based paint disclosure?
- ASince the house was built before 1978, all homes are assumed to have lead-based paint, so no specific disclosure is needed.
- BThey must disclose any known lead-based paint hazards and provide a lead warning statement, regardless of testing.
- CThey are only required to disclose lead-based paint if it has been professionally identified as a hazard.
- DThey must hire a certified lead-based paint inspector to confirm its presence and then disclose the findings.
Show answer & explanationAnswer & explanation
Correct answer: B. They must disclose any known lead-based paint hazards and provide a lead warning statement, regardless of testing.
Federal law requires sellers of homes built before 1978 to disclose any known lead-based paint hazards and provide a lead warning statement, even if they have not tested for it. They are not required to test but must disclose what they know.
Why the other options are wrong
- A. While pre-1978 homes are likely to have lead-based paint, specific disclosure of known hazards and a warning statement are still legally required.
- C. Disclosure is required for 'known' hazards, which doesn't necessarily mean professionally identified, but rather what the seller is aware of.
- D. Sellers are not mandated to conduct lead-based paint inspections; they only need to disclose known information.
Lead-Based Paint Disclosure
Federal law requiring sellers/landlords of pre-1978 housing to disclose known lead-based paint hazards and provide a warning statement.
- Applies to residential properties built before 1978.
- Sellers must disclose known hazards and provide a lead warning statement.
- Buyers have a 10-day period to conduct a risk assessment or inspection.
- Does not require sellers to test for lead-based paint.
Memory trick: Pre-78 paint, disclose what's known, sign the form, buyer gets 10 days.