New LBP GAR Form: Buyer’s Agent must inform the Seller about their lead-based paint obligations if they are paid by the Seller. According to the definition of Agent under the federal regulation, this would include Agents who are paid cooperatively from the Seller’s Broker. The definition of Agent under the regulation includes Agents who are paid cooperatively from the Seller's Broker. We are recommending that the LBP pamphlet be sent with the offer, or the following special stipulation included in the offer to satisfy the requirement. (This stip is now in the RMAA office stips in Remine and can be added to your offer):
Under 42 U.S.C. § 4852(d), Buyers’ Agent hereby notifies Seller that Federal law requires you to provide certain important information about Lead-Based Paint (LBP) and/or Lead Based Paint Hazards (LBPH) before a prospective buyer is obligated under a contract to purchase your home if your any portion of your home, including, without limitation, fixtures and installed cosmetic elements, was before 1978. Sellers must provide, as part of the contract process, the Protect Your Family From Lead In Your Home pamphlet, complete and attach to contract the Lead Based Paint Exhibit including confirmation that you have complied with all notification requirements, and provide a 10-day period to conduct a paint inspection or risk assessment for LBP or LBPH. Contact the Broker Team with questions regarding the LBP disclosure changes or any of the 2024 Mid-year GAR Contract changes.
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