Ever watch “This Old House”… - Posted by Soapymac
Posted by Soapymac on December 18, 1998 at 13:28:36:
That show originates from WGBH, the PBS station in Boston. The series is also in re-runs on cable. On occasion you will notice “spacemen” removing the lead paint in older houses.
Massachusetts has one of the toughest lead paint laws in the US. Basically, if you have an apartment you are renting…and children under 6 live there…and it is proven that there is lead paint on a “mouthable” surface…and that surface is less than four feet off the floor…YOU MUST either de-lead the property…OR
you must apply an encapsulating paint to prevent the lead paint from being “eaten” by a child.
You can’t do EITHER ONE OF THE REPAIRS. They have to be performed by a state licensed contractor. Big Bucks.
Further, if you are selling a SFR, the buyer has the right, at his own expense, of having the home tested for lead paint. If lead paint is found, then some serious negotiations will go on as to who will remove it. If lead paint is found, a buyer can legitimately back out of a signed P&S.
For those of you who have NOT HAD THE PLEASURE of dealing with this situation, you may want to do some research by asking questions on this board.
As a “for instance,” Redline below, in his post, suggests indirectly that it would have no effect on a sale should lead paint be discovered, even if the seller does not truthfully know.
Watch this one. If the laws in your state are not properly drawn up, a buyer could have recourse against you, the seller, EVEN AFTER THE CLOSING, if lead paint is discovered.
Best thing to do is to CYA…