Test-Taking Tip: Lead-based paint disclosures are the responsibility of the seller or the landlord. Note: Federal lead-based paint disclosures are strict because lead poisoning can cause significant neurological damage, particularly to small children. Finally, even if construction began after January 1, 1978, actual knowledge of lead-based paint on the premises must be disclosed to both prospective tenants and prospective buyers. In fact, no party is legally obligated to test or pay for removal of lead-based paint. But, additionally, prospective purchasers must be given a 10-day window to have the home tested for lead-based paint. The EPA-approved pamphlet must also be given to prospective purchasers of target housing. Residential housing constructed prior to 1978 is called “target housing.” For target housing, a prospective tenant must be given the EPA-approved pamphlet on the dangers of lead. This federal law requires lead-based paint disclosures when the residential property-offered either for sale or lease-was constructed prior to 1978. Federal lead-based paint disclosures have nothing to do with the type of loan used to purchase a home.
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