Under the federal Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) and the Maryland Lead Poisoning Prevention Program, sellers and landlords of housing built before 1978 must:
Provide the EPA-approved pamphlet on lead hazards.
Disclose known lead-based paint or hazards and supply any available records.
Allow buyers a 10-day inspection period (unless waived).
A licensee’s duty is to ensure that the sellers comply with these disclosure requirements and to remind them to deliver the proper forms and pamphlet.
The licensee is not responsible for testing or remediation but must ensure all disclosures are completed prior to ratification of the contract.
Reference (Maryland Source):
– Maryland 60-Hour Principles and Practices of Real Estate Pre-Licensing Course, Environmental Issues and Disclosures section.
– 42 U.S.C. §4852d (Residential Lead-Based Paint Hazard Reduction Act).
– COMAR 26.16.02 (Maryland Lead Poisoning Prevention Program).
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