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Although lead-based paint was banned in 1978, many older homes still currently being used contain lead-based paint. Renovation or demolition of these homes can create lead dust which can be unknowingly inhaled or ingested.
Before a contract for housing sale or lease is signed, federal law requires sellers, landlords, agents, and managers of rental properties to: Give buyers and renters a copy of the Protect Your Family from Lead in Your Home pamphlet.
Sellers must provide homebuyers a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. Homebuyers may waive this inspection opportunity.
State requirements Colorado Regulation 19 Part B requires contractors (including landlords and property managers) that would disturb lead-based painted surfaces to provide lead information to residents before painting, renovating, or repairing pre-1978 housing.
Home sellers who fail to comply with federal disclosure responsibilities may be sued by the buyer for damages suffered. These can be quite hefty, especially if young children have developed a lead-related health problem (over $10,000, depending on the violation). Other penalties can also be imposed.
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