lead paint question
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
lead paint question (by james [MA]) Feb 15, 2019 7:10 AM
       lead paint question (by Moe [MA]) Feb 15, 2019 7:13 AM
       lead paint question (by jim In oc [CA]) Feb 15, 2019 7:21 AM
       lead paint question (by Ken [NY]) Feb 15, 2019 7:27 AM
       lead paint question (by Robert J [CA]) Feb 15, 2019 7:29 AM
       lead paint question (by David [MI]) Feb 15, 2019 7:34 AM
       lead paint question (by Johnny B. [MA]) Feb 15, 2019 7:55 AM
       lead paint question (by Steve [MA]) Feb 15, 2019 9:53 AM
       lead paint question (by David [MI]) Feb 15, 2019 10:19 AM
       lead paint question (by cjl [NY]) Feb 15, 2019 11:51 AM
       lead paint question (by RentsDue [MA]) Feb 15, 2019 6:11 PM
       lead paint question (by Robert J [CA]) Feb 15, 2019 8:44 PM
       lead paint question (by joe [MA]) Feb 16, 2019 7:37 AM
       lead paint question (by Robert J [CA]) Feb 16, 2019 9:31 AM
       lead paint question (by RentsDue [MA]) Feb 17, 2019 9:39 AM
       lead paint question (by tedban [MA]) Feb 17, 2019 5:37 PM
       lead paint question (by Lynn [MA]) Feb 18, 2019 4:06 AM
       lead paint question (by RentsDue [MA]) Feb 18, 2019 11:33 AM
       lead paint question (by RentsDue [MA]) Feb 18, 2019 11:39 AM

Click here to reply to this discussion.
Click Here to send this discussion to a friend

lead paint question (by james [MA]) Posted on: Feb 15, 2019 7:10 AM
Message:

We are considering making an offer on a multifamily residence that, according to the buyer "was de - leaded in the 1980s." However, when we checked with the State's lead abatement office, they claimed they no longer have records going that far back, and we will need to go through a completely new and upgraded set of regulations if we want to guarantee protection from liability in the future."

Meanwhile the irate seller who claims that he "long ago lost his own records - is willing to sign a statement statlng that it was truly " deleaded in June of 1980.

Would appreciate any and all input on how others might deal with this issue.

James

--173.48.xxx.xxx




lead paint question (by Moe [MA]) Posted on: Feb 15, 2019 7:13 AM
Message:

Sounds like typical Massachusetts bureaucracy to me.!!!! --173.48.xxx.xxx




lead paint question (by jim In oc [CA]) Posted on: Feb 15, 2019 7:21 AM
Message:

To cover your butt have it tested. --174.212.x.xx




lead paint question (by Ken [NY]) Posted on: Feb 15, 2019 7:27 AM
Message:

I would tell the seller to retest it,if he is so sure it was tested and passed it should be no big deal.If he gets huffy and refuses good chance he is lying to you --72.231.xxx.xxx




lead paint question (by Robert J [CA]) Posted on: Feb 15, 2019 7:29 AM
Message:

For around $450 one can rent a hand held XRF analyzer. You point and shoot and this device will give you readings of surface and sub surface lead content. Or you can hire a professional company for a day and pay them around $800-$1200.

When I was buying a 8 unit building, the seller said, "We had the property's lead surfaces encapsulated -- so no longer an issue". I got the deal locked up in contract with the sellers disclosure. I then hired a "testing" company to conduct XRF readings in every unit, in every room. I also had the ceilings tested for asbestos.

The report came back positive for lead and asbestos. I then got an abatement company and a safety company to give me estimate to make the place "safe". The two estimates were $38,000 for the simple covering of materials or $92,000 to remove and replace surfaces.

The seller wanted to drop my offer and sell to someone else. But my findings were provided to the sellers realtor and therefore they would have to disclose this to all buyers. So the seller counted my offer and I accepted the property for less. My investment for testing was well worth the price. --47.156.xx.xx




lead paint question (by David [MI]) Posted on: Feb 15, 2019 7:34 AM
Message:

"But my findings were provided to the sellers realtor and therefore they would have to disclose this to all buyers. "

Robert, I have run across this in deals before, but the sellers realtor just shrugs and says, "yeah ... sure." How is this actually enforceable since there's not any central database of private home inspection results? --199.247.xx.xx




lead paint question (by Johnny B. [MA]) Posted on: Feb 15, 2019 7:55 AM
Message:

The seller has to provide a lead disclosure to you as part of the sale process. If he wants to claim on the form that the property was deleaded, than he has to provide the documentation to support this claim. Have you checked the Mass deleaded properties database? You can search by address to find deleaded homes. Does he remember who performed the deleading? Perhaps the company is still around and has records? If no records exist, you could have the property retested during your home inspection period. --24.147.xx.xxx




lead paint question (by Steve [MA]) Posted on: Feb 15, 2019 9:53 AM
Message:

Unless the seller can provide a valid copy of the lead testing, you are leaving yourself wide open to potential expensive situation. Even if it was in compliance with the standards in 1980's today's requirements are different.

Since this is a rental property, you might ask the sellers what notifications they have been giving to their tenants. My tenants get a lead info pamphlet as well as copy of the pertinent pages from my lead inspections.

Depending upon the size of the property it could cost between $800.00 - thousands of dollars for a complete lead report. If lead is found then it could easily costs thousands to bring the building into compliance. These costs should be factored into your purchase offer.

FYI "long ago lost his own records - is willing to sign a statement statlng that it was truly " deleaded in June of 1980." isn't worth anything. --96.237.xx.xx




lead paint question (by David [MI]) Posted on: Feb 15, 2019 10:19 AM
Message:

lead paint deleading regulations .... just another scam by govt, shifting the burden from the paint companies and builders responsible to the owner or LL holding the bag --199.247.xx.xx




lead paint question (by cjl [NY]) Posted on: Feb 15, 2019 11:51 AM
Message:

Can you check with the EPA? I don't know if they are copied on anything but it may be worth it to see if they have any record.

It wouldn't surprise me that there is no documentation from the 1980s Ö nothing was computerized and housed electronically then. --69.201.xx.xxx




lead paint question (by RentsDue [MA]) Posted on: Feb 15, 2019 6:11 PM
Message:

Iím also curious how he handled lead disclosures to tenants. I know he could sign off that there were no known lead hazards and he didnít have reports, but if there was a child under 6 at any point there was an obligation to provide reports to prove there was no lead. Of course if there really is no lead ( and he knew that) he possibly didnít care about the absence of reports because he canít get sued for lead that isnít there. The paperwork matters if there are existing tenants when you buy it. --71.10.xxx.xxx




lead paint question (by Robert J [CA]) Posted on: Feb 15, 2019 8:44 PM
Message:

A seller can't disclose what they "don't know" and something that you should have checked out before your purchase. I know of several A actors that purchased million dollar homes. Moved into them and started renovation while living there. I was called in as a consultant and had to pull the wife and kids out of the home because:

The seller didn't disclose.

The buyer didn't have proper testing done.

The contractors did care about hazardous materials and exposure

to their employees or home owners, they only wanted to make a

buck.

--47.156.xx.xx




lead paint question (by joe [MA]) Posted on: Feb 16, 2019 7:37 AM
Message:

2 related questions:

Does a seller have to have a test done if he sells is?

Do old ceilings with presumed lead have to be tested? --173.48.xxx.xxx




lead paint question (by Robert J [CA]) Posted on: Feb 16, 2019 9:31 AM
Message:

Old cottage cheese ceilings may have asbestos, not lead. No, a seller doesn't have to have anything tested. You can sell a property as-is but have to disclose known dangers.

I had a client want to sell a property but the buyers questioned if the ceilings had asbestos. So I dragged along my microscope and special lens and tested the ceiling in front of the owner. They asked me, "What did you find"? I had told them if there was no asbestos I would tell them. If I was quit and non-responsive, read between the lines. Not knowing means you don't have to disclose. But my client demanded an answer, so I gave it to her. Now she had to disclose and got an offer $15,000 less due to the necessary removal. Instead of 1M she got only $985,000. Poor seller. --47.156.xx.xx




lead paint question (by RentsDue [MA]) Posted on: Feb 17, 2019 9:39 AM
Message:

Seller does not have to have it tested to sell. Itís a bad idea for him to do that. If there is lead present he has to disclose it and it will affect the value and asking price. If there are existing tenants it could even get him big fines or a lawsuit. I donít think that INTACT ceilings would be tested because they are not ď mouthable/ accessibleĒ to children and I think there is a height limit also ( 3 ft?). --71.10.xxx.xxx




lead paint question (by tedban [MA]) Posted on: Feb 17, 2019 5:37 PM
Message:

So real estate transactions in MA now need to have a signed lead disclosure, same one that a tenant signs when you rent an apartment. I would make an offer and if its accepted have the property tested. If it tests positive seller would need to disclose that to any future buyer. You would just renegotiate the selling price to remediate the lead. --68.186.xxx.xxx




lead paint question (by Lynn [MA]) Posted on: Feb 18, 2019 4:06 AM
Message:

The signed lead disclosures for house sales have been around for more than 15 years. It's nothing new. --38.142.xxx.xxx




lead paint question (by RentsDue [MA]) Posted on: Feb 18, 2019 11:33 AM
Message:

We realize the significant value a lead certificate adds to a multi - family property because they are usually always rentals. We paid the $1000 to get it for a flip house we sold a few year ago. The buyers didnít care because they were extended family all living together and didnít need it. On the next multi - family flip we knew there was no lead, we did not spend the $1000.00 to get it tested. But....WE ADVERTISED THAT WE WOULD GET THE LEAD CERTIFICATE IF REQUESTED. The buyers on that were also extended family that were living together and didnít need the lead certificate. Perhaps this buyer is thinking similarly? --174.199.xx.xx




lead paint question (by RentsDue [MA]) Posted on: Feb 18, 2019 11:39 AM
Message:

*meant to say: perhaps this seller is thinking similarly. --174.199.xx.xx



Click Here to send this discussion to a friend
Report discussion to Webmaster


Reply:
Subject: RE: lead paint question
Your Name:
Your State:

Message:
lead paint question
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: