[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR35.88]



[Page 319]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 35_LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL 

STRUCTURES--Table of Contents

 

 Subpart A_Disclosure of Known Lead-Based Paint and/or Lead-Based Paint 

           Hazards Upon Sale or Lease of Residential Property

 

Sec.  35.88  Disclosure requirements for sellers and lessors.



    (a) The following activities shall be completed before the purchaser 

or lessee is obligated under any contract to purchase or lease target 

housing that is not otherwise an exempt transaction pursuant to Sec.  

35.82. Nothing in this section implies a positive obligation on the 

seller or lessor to conduct any evaluation or reduction activities.

    (1) The seller or lessor shall provide the purchaser or lessee with 

an EPA-approved lead hazard information pamphlet. Such pamphlets include 

the EPA document entitled Protect Your Family From Lead in Your Home 

(EPA -747-K-94-001) or an equivalent pamphlet that has been approved for 

use in that State by EPA.

    (2) The seller or lessor shall disclose to the purchaser or lessee 

the presence of any known lead-based paint and/or lead-based paint 

hazards in the target housing being sold or leased. The seller or lessor 

shall also disclose any additional information available concerning the 

known lead-based paint and/or lead-based paint hazards, such as the 

basis for the determination that lead-based paint and/or lead-based 

paint hazards exist, the location of the lead-based paint and/or lead-

based paint hazards, and the condition of the painted surfaces.

    (3) The seller or lessor shall disclose to each agent the presence 

of any known lead-based paint and/or lead-based paint hazards in the 

target housing being sold or leased and the existence of any available 

records or reports pertaining to lead-based paint and/or lead-based 

paint hazards. The seller or lessor shall also disclose any additional 

information available concerning the known lead-based paint and/or lead-

based paint hazards, such as the basis for the determination that lead-

based paint and/or lead-based paint hazards exist, the location of the 

lead-based paint and/or lead-based paint hazards, and the condition of 

the painted surfaces.

    (4) The seller or lessor shall provide the purchaser or lessee with 

any records or reports available to the seller or lessor pertaining to 

lead-based paint and/or lead-based paint hazards in the target housing 

being sold or leased. This requirement includes records and reports 

regarding common areas. This requirement also includes records and 

reports regarding other residential dwellings in multifamily target 

housing, provided that such information is part of an evaluation or 

reduction of lead-based paint and/or lead-based paint hazards in the 

target housing as a whole.

    (b) If any of the disclosure activities identified in paragraph (a) 

of this section occurs after the purchaser or lessee has provided an 

offer to purchase or lease the housing, the seller or lessor shall 

complete the required disclosure activities prior to accepting the 

purchaser's or lessee's offer and allow the purchaser or lessee an 

opportunity to review the information and possibly amend the offer.



(Approved by the Office of Management and Budget under control number 

2070-0151)



[61 FR 9082, Mar. 6, 1996, as amended at 64 FR 14382, Mar. 25, 1999]