This Lead-Based Paint Disclosure statement is required by Federal Law when selling residential housing built prior to 1978. If the home was constructed PRIOR TO 1978, this form is REQUIRED to be completed and signed by the seller and buyer. If the dwelling was constructed in 1978 or later, this form is not required. If in doubt about the timing of construction, use the disclosure form. Whenever the form is used, the seller must also give the buyer the EPA pamphlet discussed below.
Existing residential real property in the City may contain lead-based paint, dust, or soil of a level that may exceed the maximum lead disclosure levels, as defined in the current Code. This means that prior to 1978, any purchaser would have been exposed to lead-based paint or dust and would have had no legal recourse for any lead in their house. After 1978, all buyers of residential real property are mandated by law to disclose the presence of lead in their house to City and County personnel. In addition, the City and County are developing a new regulation which will define the maximum lead disclosure levels for prior to 1978-built residential real property. This is why the law requires that every purchaser disclose to a City or County employee the level of lead from all sources in their home. Prior to 1978, the lead levels from dust, soil, paint and other sources was unknown and therefore, a purchaser would not have been required to disclose any such information. In 1978, after careful study of the problem, the City and County of Raleigh, in partnership with N.C. Dept. of Environmental Quality, concluded that the risk to the residents of the City and County was greater than originally believed and therefore, a policy of mandatory disclosure was implemented. This is why we require every purchaser to disclose to the City or County, “a statement of all known lead sources in the property.” “Known” means that the source of the lead should be known to a purchaser. Before 1978, a purchaser could purchase a property and not know that the source of the lead was lead. No matter how much you purchased the property, if the source was unknown you had nothing to disclose and no legal remedy. The new regulation requires that every prior owner disclose all known lead sources in their property upon purchase. This includes all household plumbing, the foundation of the house, woodwork, paint, trim, plumbing fixtures, wiring and pipes, etc. If the owner did not know their water line, and they don't know at the time of purchase the source of the lead, then the owner must include a notice of a potential water nuisance. The regulations require the City and County to monitor the level of lead in residences. If residents report a level that exceeds allowable levels then testing must be conducted with the help of the State Department of Health and your state EPA. This notification must also be given to the owner when they move in. Failure to test will result in a violation of the City and County regulations.
