How Lead Paint Impacts Buyers, Sellers, and Homeowners Part 2 of 3

by Trish Holder, with James Kozachek

Welcome to Part 2 of my conversation with James A. Kozachek, a construction law and litigation partner/owner at Bisgaier Hoff, LLC, about what buyers (and sellers) should know when it comes to lead paint in homes.  If you missed our first part, click here to get up to speed:  How Lead Paint Impacts Buyers, Sellers, and Homeowners, Part 1 of 3

In case you did miss our last blog, I am questioning James from the perspective of a concerned, expectant first-time mother who, with her husband, is contemplating purchasing a 1972 home that may contain lead paint – a high probability for any home built prior to 1978.

Trish: What else is the seller legally bound to disclose to me about lead in the home before I purchase it?  Do I have the right to see any test results?

James: Sellers’ lead paint disclosure obligations vary from state to state, but generally the Seller has an obligation to disclose anything that could negatively impact the Buyer’s use and enjoyment of the home.  The Buyer certainly has the right to request copies of any test results.  If the Seller fails to provide the results then that would generally be more than adequate grounds to terminate the agreement of sale.  If the Seller suggests that there are no such test results, when there really were, then that would likely result in a fraud claim against the Seller which could result in a claim for damages and rescission of the agreement of sale.

Trish: What if I want to the owner to test the home before I bid, but he or she refuses?  Read more....