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How to negotiate the Lead Based Paint Disclosure and Addendum

How to properly use the Lead Based Paint Disclosure and Addendum

Answer: The  Disclosure & Acknowledgement Regarding Lead-Based Paint”(UAR form 16) is used for all homes constructed prior to 1978.  When a contract is written the Seller should provide the Buyer with this Disclosure having Section 1 completed and signed.  Section 2 is also signed by Seller’s (Listing) agent.  Section 3 is used for Buyer to Acknowledge that they have received the document.  Under section 3c the Buyer will need to choose one of the two options: i) to do a 10 day “Risk Assessment and Inspection” or ii) “Waive the opportunity to conduct the Risk Assessment or Inspection”.

If the  Risk Assessmen t option is chosen, the next step would be to Use the  “Lead Based Paint Addendum to Real Estate Purchase Contract” (UAR form 17).  (This is an Actual “Stand Alone” Addendum).  Section 1 of this document discloses to Seller that Buyer will be getting the assessment, and also will be paying for it.  Section 1.2 has two boxes, one of which will need to be selected showing when the Risk Assessment needs to be completed.  The rest of section 1 provides remedies if the Risk assessment is not acceptable to Buyer, and how to resolve or waive objections.
Here is the link to download the Pamphlet:  https://www.fsa.usda.gov/Internet/FSA_File/pfflinyhbrochure.pdf