Q's and A's About Lead
Q: What hazards are associated with lead in general?
A: Lead poisoning has been called the "silent disease" because its effects occur gradually with no symptoms. At certain levels, lead is poisonous if inhaled or ingested. Young children, especially those under 6 years old, are most at risk for lead poisoning because their brains and nervous systems are still developing. Low levels of lead poisoning in children have been associated with low IQ levels, learning disabilities, impaired hearing, and hyperactivity. Large doses can cause brain
damage, convulsions, and even death. Adults can also suffer harmful effects from lead poisoning including difficulties during pregnancy, nerve disorders, high blood pressure, and digestive problems. A simple blood test effectively detects high levels of lead.
Q: What is the specific problem with lead-based paint?
A: Ingestion of household dust from deteriorating lead-based paint is the most common cause of lead poisoning in children. Although lead-based paint in good condition does not usually present a problem, peeling, cracking, or chipping paint may be dangerous. Lead-based paint on surfaces that children may chew or in soil outside can also be hazardous.
Q: How can paint be tested for lead?
A: There are essentially three tests that may be performed to determine whether paint contains lead. First, a paint inspection will disclose the lead content of every painted surface, although it will not address possible hazards. Second, a risk assessment reveals sources of serious lead exposure, such as peeling paint or lead-based dust, and considers remediation actions. Finally, home testing kits are available but the federal government has warned consumers that these are not always accurate and should not be relied on to assure safety.
Q: Are there any laws regulating the use of lead-based paint?
A: The Consumer Product Safety Commission banned the use of it from residential housing in 1978; however, it is estimated that approximately 75 percent of homes built before that date do contain lead-based paint. A federal law called the Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C.S. 4801 et seq., regulates lead-based paint in most residential housing. Section 1018 of this law requires sellers and lessors to provide certain information about lead-based paint to prospective buyers or lessees including any inspection reports or actual documentation of the use of lead-based paint and the results of risk assessments if any have been completed. If a property was constructed prior to 1978, buyers or lessees must be told that it may contain lead-based paint and be given an EPA-approved pamphlet about the hazards of lead-based paint. Sellers are not required to conduct an inspection or other actions to reduce possible exposures to lead, but buyers must be given a 10-day opportunity to test for the presence of lead.
Q: Are disclosures required in all real estate sales and leases?
A: The federal law only applies to "target housing," which means houses constructed prior to 1978 other than housing for the elderly, housing for persons with disabilities or housing where the living area and the sleeping area is not separated such as efficiencies, studios, dormitories or individual room rentals. In addition the federal law does not apply to foreclosures, short-term leases (less than 100 days), leases of housing which has been previously found to be lead-free by a certified inspector, and renewals of leases where disclosures have already been made.
Q: How can sellers and lessors comply with these laws?
A: An EPA approved pamphlet, Protect Your Family From Lead in Your Home is available for download. In addition, the following forms are available in both TransactionDesk and Form Simplicity:
- Complying with the Lead-Based Paint Law: Licensee Notice to Seller/Landlord (LBPL-1x)
- CR5x - Lead-Based Paint Disclosure Rider P
- CRSP-16 U - Pre-1978 Housing Lead-Based Paint vWarning Statement Addendum
- EPA Lead Information Pamphlet
- Fannie Mae - Disclosure of Information on Lead-Based Paint
- Lead-Based Paint Warning Statement for REntal Housing (LBPR-2)
Q: Are there responsibilities for REALTORS ?
A: Yes. Each REALTOR must ensure compliance with the disclosure requirements and the opportunity to inspect by the seller or lessor and the acknowledgement of the disclosure and the opportunity to inspect by the purchaser and lessee; otherwise, the REALTOR faces civil penalties and other possible liability. Proper use of the forms will satisfy this requirement.
Q: How does lead get into drinking water?
A: Typically lead gets into water after it leaves the local water plant. The sources of lead may include the connector pipes from the water lines to the house, interior piping and joint compound or solder on the pipes. The water corrodes the pipes and dissolves lead particles into the flowing water.
Q: Is there a way to know if lead piping or solder is present?
A: Lead pipes are easily detected by inspection, although their use in the interior of homes was not common after 1900. Connector pipes are not readily visible and may be difficult to check. Lead-bearing solders or joint compounds are not usually identifiable by visual inspection. If there are concerns about lead in the drinking water, a test of the tap water would be a reliable way to alleviate that concern.
Q: Are there laws concerning the use of lead pipes or other lead-containing plumbing products?
A: In 1986, the Safe Drinking Water Act, 42 U.S.C. 300(f), et seq., was amended to require the use of lead-free pipes, solder and flux in the installation or repair of public water systems or in any residence or non-residential facility connected to a public water system. However, this does not require the removal of existing lead pipes, solder or flux from homes or other facilities.
Q: Do these laws create additional responsibilities for REALTORS ?
A: As always, it is advisable for REALTORS to insure that their sellers or purchasers are informed of their responsibilities and rights regarding the potential for the existence of lead. It is only with regard to the lead-based paint disclosures and acknowledgements where governmental regulations impose specific duties on REALTORS making them responsible if a seller or lessor does not comply.