The renter has three children older than 6.
I understand what lead does. I also understand we can test.
But this is not what I was asking about.
I just need to know what we can do to be able to go through with this deal withoit testing/fixing now, before sale and still be be protected legally - short of buying the house, testing, finding there is some lead somewhere beneath the many layers of paint this house must have collected since the 20's (it will be for sure), kicking the renter out to fix the problem by paying a lead cert contractor to strip off all the paint (large expense).
We cannot do this now - or maybe not even later.
The seller (current owner of this house) bought in 2014 without testing and simply disclosed "I don't know".
We checked both federal and state laws and what we took away is that our responsibilities as owners and lessors are to:
1. Disclose any knowledge of lead (which in our case is "I don't know if yes or no") and include a "Lead Warning Statement" in the lease.
2. Provide the tenant with an official pamphlet that educates about lead.
3. Use lead certified contractors if doing any work/repairs/improvements.
The law does not seem to say that it is the responsibility of every buyer/owner to test for lead before buying and if found, fix it.
You can simply buy, disclose "I don't know", then educate the tenant.
Am I correct? Or still exposed to liability?
Some insurance companies may refuse coverage but others won't.
Should we go with it if we find an insurance company that does not require lead inspection?
That was my question. We do not intend to test or fix before purchase.
Possibly not even later.
