B. Federal Lead-Based Paint Enforcement Bench Book - National ...

Certified Statements
Sellers and landlords also must include the following as an attachment to each sale or lease contract (in the
language of such contract):
• A specified Lead Warning Statement. 107
• A statement by the seller/landlord disclosing the presence of known LBP and/or LBP hazards (or
indicating no such knowledge) – and “any additional information available” about these matters. 108
• A list of any records and reports that the seller/landlord has provided the buyer/tenant about LBP
and/or LBP hazards. 109
• A statement by the buyer/tenant affirming receipt of the required information and the Protect Your
Family pamphlet. 110
• A statement by any agent that he/she has informed the seller/landlord of its obligations under the law –
and that the agent is aware of his/her own duty to ensure compliance. 111
• Dated signatures of the seller/landlord, any agent, and the buyer/tenant certifying the accuracy of their
respective statements. 112
• The buyer’s statement that he/she has received (or waived) the opportunity for an inspection or risk
assessment. 113
Disclosure Rule “inspections” are record reviews, rather than inspections of
physical property. Enforcement actions typically result from noncompliance
as indicated by the lack of, or other problems with, the required records.
Record Retention
Sellers, landlords, and agents must retain a copy of the completed attachment from each transaction for “no
less than 3 years.” 114
Agent Responsibilities
Each agent involved in any transaction to sell or lease target housing “must ensure compliance with all
requirements” of the rule, and must:
• Inform the seller/landlord of the duties of sellers/landlords under the rule; and
• Ensure the seller/landlord has performed – or personally ensure compliance with – the rule’s disclosure,
inspection opportunity, and certified statement requirements. 115
105 42 U.S.C. § 4851(12); 24 C.F.R. § 35.86; 40 C.F.R. § 745.103 (“surface-to-surface investigation” to determine presence
of LBP, and provision of report).
106 24 C.F.R. § 35.90; 40 C.F.R. § 745.110.
107 24 C.F.R. § 35.92(a)(1); 40 C.F.R. § 745.113(a)(1). Note that the statement for sales contracts is different from that for
lease contracts.
108 24 C.F.R. § 35.92(a)(2), (b)(2); 40 C.F.R. § 745.113(a)(2), (b)(2). See supra note 101 (additional information).
109 24 C.F.R. § 35.92(a)(3), (b)(3); 40 C.F.R. § 745.113(a)(3), (b)(3)(or statement indicating no such records/reports).
110 24 C.F.R. § 35.92(a)(4), (b)(4); 40 C.F.R. § 745.113(a)(4), (b)(4).
111 24 C.F.R. § 35.92(a)(6), (b)(5); 40 C.F.R. § 745.113(a)(6), (b)(5).
112 24 C.F.R. § 35.92(a)(7), (b)(6); 40 C.F.R. § 745.113(a)(7), (b)(6).
113 24 C.F.R. § 35.92(a)(5); 40 C.F.R. § 745.113(a)(5).
114 24 C.F.R. § 35.92(c); 40 C.F.R. § 745.113(c). Note that the statute of limitations for federal enforcement actions is five
years. 28 U.S.C. § 2462. EPA may apply the longer period in pursuing enforcement actions.
115 24 C.F.R. § 35.94(a); 40 C.F.R. § 745.115(a).
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