@Cristopher,
Thank you for your view. We were trying to figure out if what you said would be an option.
Because this is the only way we could go through with this purchase as we can't start an epic renovation now just to make this house 100% lead-free.
We just want to be in compliance with the law and follow safety precautions.
The alternative would be backing out.
The house looks promising from an investment perspective - or at least as promising as it can be in this seller's market where most houses sell for prices where the rent is barely large enough to cover all foreseen expenses, let alone leave you with a steady cash-flow, profit.
This one looks like it will allow us to get some decent cash-flow after all expenses, fixed and anticipated (including capital expenditures, vacancy etc) are accounted for.
In this market it has been excruciatingly difficult to come anywhere close to a deal that would meet the 1% rule. We got it off MLS which is a miracle.
To back out now because of the lead looks like a bad joke.
@Paul,
That's the thing - my mind is not made up. I was in the edge a few hours ago, ready to back out.
My husband was OK with going forward despite the lead issue, but I almost backed out because I was not clear on the law.
I want to be law compliant and I wanted to exclude the chance that we could be sued.
Apparently, one can never exclude such a chance, only minimize odds - so I understood that.
But first and foremost, I want to be law-compliant.
Once I understood the law DOES NOT require buyers to "test for lead and fix if found" before purchase, I guess I am OK with going forward.
The law DOES requires to "disclose knowledge of lead, warn and educate tenants" - but the risk of being sued remains, as it is impossible to remove it altogether.
If a tenant does sue - despite the fact that we took all precautions and followed the law (disclosed, warned, educated) and the tenant agreed to sign a lease despite the possible risk involved which they were made aware of - I wonder what chances would they have to win, in case it occurs to them to sue?
Maybe I am catastrophizing too much when none of this is likely to happen (my husband says) - but I am just trying to understand how much risk we are taking by purchasing under the circumstances.
Again: options are
1. "buy as is, with insurance NOT requiring lead testing"
2. "Back out".
"Test and fix" before purchase is not an option.
Thank you all so much!