Lead Based Paint and the Sale of Your Home: What Are the Rules?

homes in boulder, lead based paint, lead safety, lead testing If your home or the one you're thinking about buying was built prior to 1978, there are some disclosure laws that have to be followed. These are Federal Lead-Based Paint Disclosure Laws, not state or local laws. There are numerous older Boulder homes, for example, that qualify. And, if these laws are not followed, there are some severe penalties that are a result of the seriousness of the issue to human health. Specifically, failure to comply carries penalties that include treble (3 times) damages, attorney fees, costs, and a penalty up to $10,000 (plus adjustment for inflation), for each violation.

If you're involved in selling a home, buying a home or even renovating a home that could be affected by lead-based paint, there are lot of rules, regulations and disclosures that come into play. Review the Lead-Based Paint Disclosure form (and other Colorado real estate transaction forms).

If you're selling a home built before 1978:

Read, fill out and sign a form entitled "Lead-Based Paint Disclosure (Sales), disclosing to any potential buyer what, if anything, you know about lead-based paint and your property, as well as what records and report(s), if any, you have available.

If you're buying a home built before 1978:

Read the Lead-Based paint Disclosure (Sales) form, acknowledge and elect to either, i) Obtain a risk assessment or inspection of the property for the presence of lead-based paint, or ii) Waive the opportunity to conduct a risk assessment or inspection.

Effective April 2010, the EPA has established a new Renovation, Repair & Painting rule (RRP) that applies to most qualifying homes. Under this new rule, all contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child-care facilities and schools built before 1978, must be cretified and must follow specific work practices to prevent lead contamination. Getting certified costs money and the cost of these projects in affected homes will go up.

There are numerous publications about the lead-based paint issue, how it affects your home and your family, home renovations, and more. We would be happy to email you any of the following reports; just fill out and submit the Contact form below and indicate in the "Message" field which form(s) you're interested in.