Lead-based paint and the federal disclosure rule

Correct answer: Before 1978

The lead warning addresses dwellings built before 1978. Construction age screens for coverage; it does not establish the presence of lead.

Correct answer: Sales and rentals

The statute requires lead information before a purchaser or lessee becomes obligated to purchase or lease target housing.

Correct answer: Before the buyer becomes obligated on Monday

The disclosure deadline is before contractual obligation, not a later financing, closing, or recording event.

Correct answer: The owner can report no knowledge while providing the required pamphlet and other applicable disclosures.

No knowledge is different from proof of absence. The rule requires disclosure of known information and delivery of the pamphlet; it does not itself mandate testing.

Correct answer: Ten days before becoming obligated, unless the parties agree to a different period

The statute gives a purchaser a 10-day opportunity before obligation unless the parties mutually agree on a different period.

Correct answer: Provide the available report to the buyer before obligation.

Available lead hazard evaluation reports must be provided to the purchaser; the duty does not depend on a request.

Correct answer: It is permitted because the parties may agree to a different period.

Ten days is the default, not a fixed maximum. Mutual agreement can change the period without eliminating information duties.

Correct answer: A Lead Warning Statement and the purchaser's signed acknowledgments

The contract must contain a Lead Warning Statement and the purchaser's signed statements acknowledging the warning, pamphlet, and inspection opportunity.

Correct answer: Provide the required lead information before lease obligation; the federal buyer inspection period does not apply to the tenant.

Lessees receive the information protections, but the statutory 10-day inspection opportunity is for purchasers.

Correct answer: The waiver concerns inspection; the seller must still provide the required report.

A written purchaser waiver of the inspection opportunity does not waive the owner's separate information duties.

Correct answer: The owner's real estate agent

An agent engaged by a seller or lessor must ensure compliance on that owner's behalf.

Correct answer: The known lead-based paint, even without a reported injury

The duty includes known lead-based paint as well as known lead-based paint hazards. An injury or new test is not the trigger.

Correct answer: Lead poisoning can cause permanent neurological damage and learning difficulties.

The statutory warning identifies permanent neurological damage, learning disabilities, and other serious effects in young children.

Correct answer: The seller has not complied because the pamphlet and available report are separate requirements.

General education through the pamphlet does not replace property-specific disclosure and delivery of available reports.

Correct answer: $24,000

Treble damages equal 3 × $8,000 = $24,000. Fees and costs are excluded by the question.

Correct answer: The statute preserves transaction validity and does not itself create a title defect.

Section 4852d(c) preserves the validity and enforceability of the listed transactions and states that the section creates no title defect.

Correct answer: A zero-bedroom studio dwelling

Zero-bedroom dwellings are a standard exemption. Ownership form or rental status alone does not exempt the other dwellings.

Correct answer: The expected residence of a child under six defeats this exemption.

The standard exemption for qualifying elderly housing does not apply when a child under six resides or is expected to reside there.

Correct answer: The construction date calls for evaluating federal lead disclosure coverage.

Age is a coverage screening fact, not proof of contamination, owner knowledge, or a remediation obligation.

Correct answer: The rule requires specified information but does not itself require lead removal.

The disclosure rule is an information requirement, not itself a mandate to test or remove lead paint.

Correct answer: The agent retains a duty to ensure compliance on the seller's behalf.

The owner's willingness to handle documents does not erase the engaged agent's statutory compliance-assurance role.

Correct answer: The signature does not replace the seller's duty to provide the pamphlet.

The statute requires provision of the pamphlet as well as the purchaser's acknowledgment. An inaccurate receipt does not perform delivery.

Correct answer: No; the provision protects purchasers and lessees.

The civil-liability provision expressly identifies both purchasers and lessees as protected claimants.

Correct answer: The person liable must knowingly violate the statutory provisions.

The civil-liability provision applies to a person who knowingly violates the statute, with liability based on the injured individual's damages.

Correct answer: The rule provides an opportunity; it does not require the purchaser to use it.

The duty is to permit the purchaser an inspection opportunity, not to force the purchaser to commission an inspection.

Correct answer: The seller cannot unilaterally replace the ten-day default with three days.

A different period requires mutual agreement. Neither unilateral announcement nor pamphlet receipt establishes that agreement.

Correct answer: The report requirement applies to covered leases as well as sales.

The obligation to provide available reports applies to purchasers and lessees. It is distinct from the purchaser's inspection opportunity.

Correct answer: Pregnant women

The Lead Warning Statement specifically identifies particular risk to pregnant women.

Correct answer: Court costs, reasonable attorney fees, and expert witness fees

For a prevailing claimant, the statute permits court costs together with reasonable attorney fees and expert witness fees.

Correct answer: Provide the available evaluation report to the buyer.

The missing requirement is delivery of the available report. Other transaction steps do not supply that information.

Correct answer: Both transactions require the federal lead information.

For otherwise covered sales, the information duties and default purchaser opportunity are not reduced merely because the purchaser has no children.

Correct answer: Delivery missed the pre-obligation deadline.

The deadline precedes contractual obligation, so first delivery a month afterward misses it even if closing is not complete.

Correct answer: By the purchaser's written waiver of the opportunity

The purchaser may waive the inspection opportunity in writing. Silence, an owner's announcement, or a lender's appraisal decision is not that waiver.

Correct answer: The pamphlet provides general hazard information; the report supplies evaluation information about the property.

The statute separately requires a prescribed hazard-information pamphlet and available lead hazard evaluation reports. Neither substitutes for the other.

Correct answer: $16,500

The tenant's established damages are $5,500. Multiplying by three gives $5,500 × 3 = $16,500, excluding separate fees and costs.

Correct answer: Buyer receives the required information and applicable inspection opportunity before becoming obligated, with required contract acknowledgments.

The compliant sequence puts all required information and the applicable purchaser inspection opportunity before obligation, and includes the required sale-contract documentation.

Correct answer: A covered lease requires the disclosures without a purchase option.

The federal information requirements apply to covered leases in their own right, not only to leases with purchase rights.

Correct answer: A child under six will reside in the unit.

The exemption for qualifying housing for people with disabilities does not apply if a child under six resides or is expected to reside there.

Correct answer: Ensure the report is provided to the buyer before obligation as part of compliance.

The agent's compliance-assurance duty calls for addressing the missing required report before the purchaser becomes obligated.

Correct answer: A knowing violation can support treble damages, while the statute itself preserves contract validity.

The statute separately authorizes liability for knowing violations and preserves transaction validity. One does not negate the other.