We are in the middle of buying a house and already paid money towards it. Our closing is at the end of the month and the lead inspection is in a week. If it fails is everything over or will the present have to remove it for us.
2007-01-02 07:56:31 · 7 answers · asked by dmastre411 1 in Business & Finance ➔ Renting & Real Estate
Most of the info here is correct, except that homes built before 1978 are subject to the presence of lead, NOT 1974 as previously mentioned. Upon the result of the inspection, your choices are:
1) No lead, no problem.
2) Lead paint is discovered, the seller fixes the problem, (after a letter of certification is provided by the company who did the work), you buy the house.
3) Lead paint is discovered, the seller does not want to fix the problem, but you are willing to get an estimate and have the work done (by a licensed contractor) yourself.
4) Lead paint is discovered, this is your "out" of the contract in the event you do not want to bother with the situation. This is what is meant by having a "contingency" on inspection results. Lead poisoning is serious. THERE IS LEAD STILL BEING USED IN SOME COILED PHONE CORDS (remember, before wireless phones!) AND ALSO IN MOST CHRISTMAS LIGHT STRINGS. READ THE LABEL AND WASH YOUR HANDS AFTER HANDLING. WHY DOES THE USA STILL ALLOW BUSINESS TO USE LEAD IN THEIR PRODUCTS ??? If we want to reduce the illness, we must let these companies know to STOP putting chemicals in our products that cause harm to man and animals! Thank you.
2007-01-02 08:27:19 · answer #1 · answered by wannabuildaboatguy 3 · 0⤊ 0⤋
It depends... as the buyer, you have the right to ask that the lead be removed but this is an insanely expensive proposition; lead from paint leeches into the walls themselves so to completely remove lead paint traces, you have to sand the walls down pretty far, or possibly even remove/replace them, depending on just how much lead there is. You can also ask for compensation/ reduced sales price.
If lead inspection is mandatory in your area, I would ask for the compensation unless there will be small children living in the home. Kids crawl around on the floor then put their hands in their mouths and lead gets into their bloodstream that way. Adults usually don't have problems with lead (unless you are licking the walls).
If lead inspection is NOT mandatory in your area, I would ask the seller to CANCEL the inspection immediately. Any American home more than about 30-35 years old is going to test positive for lead. If you know for a fact that it is there, you have to disclose it to potential buyers when it is your turn to sell. That can lower the home's value significantly (or not at all--- depends on your area--- but usually homes that disclose lead have lowered values). If you have never tested for lead, you can simply state that the home has not been tested, instead of stating that it tested positive for lead.
You can also allow the inspection to happen, and use that as a method to back out of the deal (like if there will be small kids in the home). Also keep in mind that, if you do allow the test to happen and the house tests positive, the seller can also reject your request for remedy (repair/removal of lead/discount) and use that as a way to back out of a deal.
Talk to your realtor about this--- realistically, most homes are going to test positive for lead, either in the paint or in the water, and very few jurisdictions make lead testing mandatory. It usually ends up being a "don't ask, don't tell" kind of thing, where everyone knows the house has lead in it but no one wants to actually put that on record, for fear of lowering the home's value.
2007-01-02 16:08:48 · answer #2 · answered by dcgirl 7 · 0⤊ 0⤋
In my understanding if a house fails inspection for anything, the present owners (the sellers) must fix it or pay for you to fix it. If they don't, you get all your money back and you can call off the closing. Of course, that's not what you want to happen, but at least you'll get your money back. Also, it is in their best interests to fix it because if they don't and they try to sell again, the lead inspection findings from this sale MUST be disclosed.
2007-01-02 16:04:05 · answer #3 · answered by Rairia 3 · 0⤊ 0⤋
It isn't likely to fail. If it does then the seller can remove it or you can back out and get your deposit back. Lead paint hasn't been used since 1974 and it probably has been painted over more than once. The problem area is the window sashes. When the windows are opened or closed then some may flake off. Also, Lead paint was expensive and used to get a shiny finish.
Consult with your agent about this issue.
2007-01-02 16:03:08 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Depends on the contingencies. You can buy the house with the lead condition. You may be able to refuse to buy, unless owner fixes.
The present owner could also have it tested again.
He does not have to remove it; you do not have to buy it.
2007-01-02 16:02:57 · answer #5 · answered by kingstubborn 6 · 0⤊ 0⤋
ask your Realtor, but with lead the sellers should be responsible for removal to get a clear title.
2007-01-02 16:03:34 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If you are in Maryland or just over the PA line, I know a company that could assist you if your realtor comes up empty handed.
2007-01-02 16:05:25 · answer #7 · answered by ConfedChick ! 3 · 0⤊ 0⤋