Lead Based Paint - Seller’s and Landlord’s Disclosure

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Lead based paint can be a real hazard to young children.  Virginia law requires that Sellers must disclose to Buyers any knowledge they may possess of lead based paint being present in any home built prior to 1978.  Sellers are required to disclose to Buyers that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning.

Lead poisoning in young children may produce:
  • ·         permanent neurological damage, including learning disabilities,
  • ·         reduced intelligence quotient,
  • ·         behavioral problems,
  • ·         impaired memory.

Lead poisoning also poses a particular risk to pregnant women.

The Sellers and Landlords are also required to provide the Buyer or Tenant with any information on lead-based paint hazards from risk assessments or inspections in the Seller's or Landlord’s possession and notify the buyer of any known lead-based paint hazards.

Virginia State law 8.01-226.7 defines lead based paint as paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.

The law further defines the hazard as any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate federal or state agency.

The Buyers or Tenants must also be provided with written documentation signed by the Sellers and Buyers, (or Landlord and Tenant) must acknowledge, in writing, the notification as well as receipt of the pamphlet discussing lead based paint hazards.

It should be assumed that any property built prior to 1978 will contain lead based paint.  The hazard comes from chipping paint, the dust from sanding any lead based paint or any situations where the surface is not maintained.

A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.

This disclosure applies to Sellers, Buyers, Landlords and Tenants.

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