42 U.S.C. § 4852d : US Code - Section 4852D: Disclosure of information concerning lead upon transfer of residential property

Search 42 U.S.C. § 4852d : US Code - Section 4852D: Disclosure of information concerning lead upon transfer of residential property

(a) Lead disclosure in purchase and sale or lease of target housing
(1) Lead-based paint hazards
Not later than 2 years after October 28, 1992, the Secretary
and the Administrator of the Environmental Protection Agency
shall promulgate regulations under this section for the
disclosure of lead-based paint hazards in target housing which is
offered for sale or lease. The regulations shall require that,
before the purchaser or lessee is obligated under any contract to
purchase or lease the housing, the seller or lessor shall - 
(A) provide the purchaser or lessee with a lead hazard
information pamphlet, as prescribed by the Administrator of the
Environmental Protection Agency under section 406 of the Toxic
Substances Control Act [15 U.S.C. 2686];
(B) disclose to the purchaser or lessee the presence of any
known lead-based paint, or any known lead-based paint hazards,
in such housing and provide to the purchaser or lessee any lead
hazard evaluation report available to the seller or lessor; and
(C) permit the purchaser a 10-day period (unless the parties
mutually agree upon a different period of time) to conduct a
risk assessment or inspection for the presence of lead-based
paint hazards.
(2) Contract for purchase and sale
Regulations promulgated under this section shall provide that
every contract for the purchase and sale of any interest in
target housing shall contain a Lead Warning Statement and a
statement signed by the purchaser that the purchaser has - 
(A) read the Lead Warning Statement and understands its
contents;
(B) received a lead hazard information pamphlet; and
(C) had a 10-day opportunity (unless the parties mutually
agreed upon a different period of time) before becoming
obligated under the contract to purchase the housing to conduct
a risk assessment or inspection for the presence of lead-based
paint hazards.
(3) Contents of lead warning statement
The Lead Warning Statement shall contain the following text
printed in large type on a separate sheet of paper attached to
the contract:
"Every purchaser of any interest in residential real property on
which a residential dwelling was built prior to 1978 is notified
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, and impaired memory.
Lead poisoning also poses a particular risk to pregnant women. The
seller of any interest in residential real property is required to
provide the buyer with any information on lead-based paint hazards
from risk assessments or inspections in the seller's possession and
notify the buyer of any known lead-based paint hazards. A risk
assessment or inspection for possible lead-based paint hazards is
recommended prior to purchase.".
(4) Compliance assurance
Whenever a seller or lessor has entered into a contract with an
agent for the purpose of selling or leasing a unit of target
housing, the regulations promulgated under this section shall
require the agent, on behalf of the seller or lessor, to ensure
compliance with the requirements of this section.
(5) Promulgation
A suit may be brought against the Secretary of Housing and
Urban Development and the Administrator of the Environmental
Protection Agency under section 20 of the Toxic Substances
Control Act [15 U.S.C. 2619] to compel promulgation of the
regulations required under this section and the Federal district
court shall have jurisdiction to order such promulgation.
(b) Penalties for violations
(1) Monetary penalty
Any person who knowingly violates any provision of this section
shall be subject to civil money penalties in accordance with the
provisions of section 3545 of this title.
(2) Action by Secretary
The Secretary is authorized to take such lawful action as may
be necessary to enjoin any violation of this section.
(3) Civil liability
Any person who knowingly violates the provisions of this
section shall be jointly and severally liable to the purchaser or
lessee in an amount equal to 3 times the amount of damages
incurred by such individual.
(4) Costs
In any civil action brought for damages pursuant to paragraph
(3), the appropriate court may award court costs to the party
commencing such action, together with reasonable attorney fees
and any expert witness fees, if that party prevails.
(5) Prohibited act
It shall be a prohibited act under section 409 of the Toxic
Substances Control Act [15 U.S.C. 2689] for any person to fail or
refuse to comply with a provision of this section or with any
rule or order issued under this section. For purposes of
enforcing this section under the Toxic Substances Control Act [15
U.S.C. 2601 et seq.], the penalty for each violation applicable
under section 16 of that Act [15 U.S.C. 2615] shall not be more
than $10,000.
(c) Validity of contracts and liens
Nothing in this section shall affect the validity or
enforceability of any sale or contract for the purchase and sale or
lease of any interest in residential real property or any loan,
loan agreement, mortgage, or lien made or arising in connection
with a mortgage loan, nor shall anything in this section create a
defect in title.
(d) Effective date
The regulations under this section shall take effect 3 years
after October 28, 1992.