Found out house was built before 1978, what now?

Question

I purchased a house with an add on apartment 2 years ago. I knew that the add on was done in 1997 but the combined building was listed as having been built in 1979. I asked my real estate agent whether this was right or some kind of average between the original and the add on and she said it was right and we didn't have to do anything about lead paint inspections because it was after 1978. For the past two years I've been living in the apartment and renovating while having the main house rented out to a family with one young child. Yesterday I had the property appraised as part of a refinance and found out that the main house was built in 1959. That house was remodeled including paint in 2017 before I bought it but I don't have any proof as to whether the lead paint was ever properly dealt with. What should I do?

Sam L. · Answer

I wouldn't get it tested. Inform the tenants there may or may not be lead present in the older paint (which has likely been painted over multiple times) and have them sign a disclosure.

Jon A. · Answer

Just explain your situation to them and have them sign a lead based paint disclosure agreement. Can print one up online.

Kyle J. · Answer

@David C. I agree with @Sam L., I would not get it tested.  There's no requirement to test it and testing it may actually end up putting you in a worse position because often times you're only required to disclose "known" information regarding lead-based paint.

Lots of houses were built before 1978 (I own and rent out multiple ones).  It's not that big of a deal.  Just make sure you have the tenants sign the proper disclosure forms and you give them the required EPA-approved information pamphlet.

Here's some more info that might be helpful: https://www.epa.gov/lead/real-estate-disclosures-about-potential-lead-hazards

Jon A. · Answer

Basically, it is assumed that any house built prior to 1978 will have lead based paint somewhere. Therefore, it is your responsibility to make them aware of the fact that the house may have lead based paint in it by giving them the pamphlet and having them sign the disclosure. That is all that is required. I think what @Kyle J. means is that if you have it tested and it tests positive then you are now aware that it does have lead based paint. The point is that right now you have no way of knowing so it is just assumed. Fixing it just means that you have to scrape away any peeling or chipped paint and repaint over it. If you click the link he provided it will explain it better and there are many other websites that also explain it.

David C. · Answer

@Kyle J. By "putting you in a worse position" you mean finding out that there is something that needs to be addressed? Currently I'm planning on testing it and fixing what needs to be fixed.

David C. · Answer

Thanks all for the info that was very informative.

Patrick Soukup · Answer

My first thought is that your agent and the listing agent were negligent. I don't think there was intent on your agent's part of not discovering the true age of the building, although a good agent would know the rough ages of the buildings in that area of town. 1959 to 1979 is not just a few years apart and more than likely, unless completely demo'd and remodeled would not be in the same neighborhood, i.e your agent should have known 1979 did not add up. The listing agent is the one who really messed up in my opinion.

If it is a concern, bring it up to your agent and have your agent follow up with the original listing agent/brokerage about your recent findings and your intention is to get it tested and resolved if positive.

Legal is always the last step to take, but in this one, I would explore it considering the ramifications.

For all you know, that little child may have inhaled a paint chip and without an LBP signed, you as the owner will be the person who they will come after.

That's all doomsday talk, but it happens. You could always go the route that many others have gone and discussed on this thread and realize it is probably in your home, seal it with paint, have your current and future renters sign an LBP disc.

Kyle J. · Answer

If the house was repainted in 2017, and the paint is still in good condition (i.e. not chipping, peeling, etc), I just don't see why you would get it tested.  From the EPA's own website: "Lead paint is still present in millions of homes, sometimes under layers of newer paint. If the paint is in good shape, the lead paint is usually not a problem."

If it is underneath the new latex paint (which it probably is), and the new paint is in good condition, it wasn't a problem before you got it tested and it likely won't be a problem after you get it tested.  The only thing that'll change is, after you get it tested and confirm its presence, you'll now have to start disclosing it to the current and future tenants which is just going to cause them unnecessary concern.

That was my only point.  But if you want to test it, test away.

Colleen F. · Answer

Verify the date first. Perhaps there it was rebuilt in 1979, what is on the tax rolls? Could have been a tear down at some point. Then don't go crazy. Read your state law and act accordingly.

Brian Van Pelt · Answer

@David C.. Bring the property into compliance with local,state,federal regs concerning LBP.Typically this means have it tested, If it passes, then maintain it according to same regs.If it doesn't pass, then inform your tenant and bring it into compliance.

You should inform your tenant why you are having it tested.If you are concerned about what your agent told you, you may want to speak to her directly and ask for her source of information.

Found out house was built before 1978, what now?

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