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After one year of compliance assistance, the agencies began enforcing the disclosure regulation in 1998. Enforcement actions have occurred and substantial fines have been imposed. In cases where a seller or lessor utilizes the services of an agent, the agent has the responsibility to inform the seller/lessor of their obligations under the Act and to ensure compliance. Failure to comply can result in fines of up to |
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Failure to provide information/pamphlet |
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Failure to disclose presence of lead-based paint or
lead-based paint hazards |
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Failure to disclose to each agent the presence of any
lead-based paint, or lead-based paint hazards, and the
existence of any available records or reports |
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Failure to provide any records or reports |
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Failure to include, as an attachment to the contract, the
Lead Warning Statement |
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Failure to include, as an attachment to the contract, a
statement by the seller disclosing the presence of known
lead-based paint, or lead-based paint hazards |
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Failure to permit the purchaser a 10-day period to
conduct a reassessment or inspection for lead-based
paint |
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Failure to include in the contract as an attachment, a
statement by the purchaser or an opportunity to conduct a
risk assessment or inspection or to waive an opportunity to
do so. |
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Failure to include in the contract a list of any records
or report available to the seller that pertain to lead
hazard information or the failure to indicate that no such
list exits. |
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Failure to include in the contract a statement by the
purchaser affirming receipt of the information and the lead
hazard pamphlet. |
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Failure to include in the contract as an attachment, a
statement by one or more of the agents involved in the
transaction that the agent has informed the seller of the
seller's obligations, and that the agent is aware of his
duty to ensure compliance. |
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Failure to include in the contract, signatures of the
sellers, agents and purchasers certifying to the accuracy of
their statements, as well as dates. |
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Failure to retain a copy of the completed disclosure records for no less than three years from the completion date of the sale. |
