Indiana Lead Based Paint Disclosure Form

Thanks for the A2A.Yes, it is. Even when buying a house as-is, the law still requires disclosure of possible lead-based paint. Buying as-is simply means that the seller is saying that he/she won’t do any repairs or maintenance. Or, in this case, lead-based paint mitigation. It doesn’t mean that the seller can hide or fail to disclose.In the same way, if you’re buying a property that the seller and agent know is defective in some way, they still must disclose (or disclaim, if the state permits that). Again, if you’re buying as-is, you’re buying it in its current condition.You can even include a home inspection in an as-is purchase contract. In fact, you probably should. Suppose a house looks in pretty good shape and it’s fairly new. You estimate it might need $10,000 in repairs and maintenance—new carpet and paint, mostly. You put in your contract “as is” condition, but still subject to a home inspection. The home inspector comes in and finds a problem with the foundation that’ll cost $15,000 to repair. With the home inspection contingency, you can just say “no.” Or you might come back and say, “no, unless you drop the price by $15,000.” An “as-is” purchase allows you to do all those things and to protect yourself.

No.Disclosure is required only if the seller is aware of the presence of lead. Disclosure would be impossible if, as you state, “the seller is unaware of lead being present.”However, the seller is required to give a buyer of a house built before 1978 an EPA-approved information pamphlet on lead-based paint hazards.With all due respect, the OP has asked this question multiple times with slight variations.To address the buyer requirements . . .From the EPA website:Federal law requires that before being obligated under a contract to buy housing built prior to 1978, buyers must receive the following from the homeseller:An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards titled Protect Your Family From Lead In Your Home (PDF).Any known information concerning the presence of lead-based paint or lead-based paint hazards in the home or building.For multi-unit buildings, this requirement includes records and reports concerning common areas and other units when such information was obtained as a result of a building-wide evaluation.An attachment to the contract, or language inserted in the contract, that includes a "Lead Warning Statement" and confirms that the seller has complied with all notification requirements.Sample Seller’s Disclosure of Information (PDF)A 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. Homebuyers may waive this inspection opportunity. If you have a concern about possible lead-based paint, then get a lead inspection from a certified inspector before buying.To the OP: You’re hoping someone will say that you gave timely notice of a finding of lead. Unfortunately, you didn’t.Please consult with a lawyer. (I saw in another post that you said you did not have a buyer’s agent. That’s unfortunate; your own agent would be able to give you excellent advice at no charge.)

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The lead-based paint disclosure form is a required form to be issued to all tenants and potential buyers for residential properties built before 1978. The paint specifically was outlawed by the U.S. Consumer Product Safety Commission at that time (16 CFR 1303) due to the hazard it poses when it chips.

The law requires rEval estate professionals to obtain and disclose information on known lead paint hazards in homes. ... The Agency may impose the same regulatory burden on commercial building owners and managers if data show their RAP activities pose a lead hazard to children.

The federal government banned the use of lead-based paint in housing in 1978.

Per Virginia law any properties that are rented or sold must include this addendum if the structure of the dwelling was built on or before the year of 1978. ... We do not have records of lead based paint nor have we used lead based paint in any of our dwellings \u2013 this is stated on the addendum (page 4).

Paint made between 1960 and 1978 may contain low levels of lead, and paint before 1960 can have high levels of lead. If you think the paint in your house may contain lead, you can test it using a DIY lead test kit which can be purchased at home centers and used to tell if the paint in your house contains lead.