Legal Lead Law Notification

Legal Lead Law Notification

Date:    Seller Name:    Seller Address:

Buyer Name:    Buyer Address:

Property Address:    Year Built:

RECITALS

WHEREAS, Seller is the current owner or authorized representative of the real property described above (the "Property"), and recognizes the obligations imposed by applicable lead-based paint disclosure laws and regulations concerning pre-1978 residential dwellings; and

WHEREAS, Buyer is considering a purchase or lease of the Property and requires written notification of any known lead-based paint or lead-based paint hazards, available records and reports, and the opportunity to conduct a risk assessment or inspection; and

WHEREAS, the parties agree to document the disclosure and acknowledgement of lead-based paint information in accordance with applicable legal requirements governing residential property transactions.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Seller and Buyer agree as follows:

1. DEFINITIONS

For purposes of this Notification: "Lead-Based Paint" means paint or other surface coatings that contain lead in excess of applicable regulatory thresholds; "Lead Hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-based paint that is deteriorated or in inaccessible chewable surfaces; "Records and Reports" means any written inspection, risk assessment, laboratory report, treatment record or other documentation relating to lead-based paint or lead hazards for the Property.

2. DISCLOSURE OF KNOWN LEAD-BASED PAINT AND LEAD HAZARDS

Seller hereby discloses the following information known to Seller concerning lead-based paint and lead hazards on the Property:

Known presence of lead-based paint: Yes No

If Yes, describe location(s), condition and basis of knowledge:

Date(s) of any tests or inspections:    Name of inspector or firm:

3. RECORDS AND REPORTS

Seller represents that the following Records and Reports pertaining to lead-based paint or lead hazards for the Property:

Are available and have been provided to Buyer: Yes No

If available, list documents provided:

4. OPPORTUNITY TO CONDUCT RISK ASSESSMENT

Buyer is hereby advised and acknowledges that Buyer has the right to conduct a lead-based paint risk assessment or inspection of the Property at Buyer's expense. Buyer shall have  calendar days from the date of this Notification to complete such assessment, unless a different period is agreed in writing.

If Buyer elects to conduct a risk assessment, Seller agrees to provide reasonable access to the Property and to cooperate in scheduling inspections.

5. ACKNOWLEDGEMENTS

Buyer hereby acknowledges receipt of the lead hazard information and any Records and Reports identified above, and acknowledges that Buyer has been given an opportunity to ask questions and to obtain independent testing.

Seller certifies, to the best of Seller's knowledge, the accuracy of the statements in this Notification as of the date set forth above.

6. REMEDIES; INDEMNIFICATION

Seller agrees to indemnify and hold Buyer harmless from claims, losses, costs and damages arising from Seller's failure to disclose known lead-based paint or lead hazards, except to the extent such claims arise from Buyer's acts or omissions. Buyer acknowledges that certain legal remedies for nondisclosure may be available under applicable law, and that the parties' respective damages and remedies may be governed by statute and case law.

7. NOTICES

All notices under this Notification shall be in writing and delivered by hand, certified mail, or other method reasonably calculated to provide proof of delivery to the addresses stated above or to such other addresses as either party may specify in writing.

8. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

Governing Law: This Notification shall be governed by and construed in accordance with the laws of the state in which the Property is located, without regard to its conflict of laws principles.

Entire Agreement: This Notification constitutes the entire agreement between the parties regarding the disclosure of lead-based paint and lead hazards for the Property and supersedes all prior oral and written statements and understandings relating thereto.

Severability: If any provision of this Notification is held invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of this Notification, which shall remain in full force and effect unless the invalid provision materially impairs the benefit of the bargain.

9. AMENDMENT; WAIVER; COUNTERPARTS

Amendment: This Notification may be amended only by a written instrument signed by both parties.

Waiver: No waiver of any provision of this Notification shall be effective unless in writing and signed by the party waiving compliance. No failure or delay by any party to exercise any right shall operate as a waiver.

Counterparts: This Notification may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

AGENT ACKNOWLEDGMENT (IF APPLICABLE)

Agent certifies that the lead hazard information disclosed by Seller has been conveyed to Buyer and that the agent has neither independently verified nor guarantees the absence of lead-based paint or lead hazards unless expressly stated in writing.

Sign Now