Lead Paint Disclosure NJ

What is lead paint disclosure?

NJ law requires that any potential buyer or lessor of a home or property be made aware of any currently known lead presence in the building, and of their future responsibilities as a property owner to ensure the building is lead-safe.

This is done through an EPA information pamphlet, (“Protect Your Family From Lead in the Home”) and a Lead Warning Statement form attached to the lease or contract. The form is to be completed, given to the potential tenant during the transaction process, and signed by all parties. It confirms that the seller and realtor have abided by all notification requirements. Here is a sample lead disclosure form.

• All known lead paint must be disclosed, including the location and condition of the painted surfaces.
• You must also share records and reports of any related information such as from previous inspections.
• Copies of the disclosures must be kept for at least 3 years by the seller or lessor.

See our New Jersey Lead Paint Laws article for more information on mandatory lead paint inspection for rental dwelling units if you intend on renting out the purchased property.

What are the real estate agent and seller’s responsibilities?

The real estate is liable for ensuring that the seller is abiding by his or her obligation to inform any potential homebuyers or lessors of any known hazards or problems with the home, including lead paint (as above). There is a legal standard by which you are held to sell and lease homes in liveable conditions (Warranty of Hability).

Withholding information on the property condition is not only detrimental to the sale process, as it increases the chance of buyers backing out once they find out with a home inspection, but it can also result in expensive, complicated lawsuits. When it comes to lead, hiding what you know is against NJ lead laws.

Read the NJ Division of Taxation’s “Buying and Selling Property in New Jersey” for more on the legal responsibilities of all parties in New Jersey home property transactions.

What should a property buyer or lessor in NJ know about lead paint?

Lead-based paint was banned in New Jersey in 1971, but was not banned under federal law until 1978. If a property was built before 1978, there’s a chance it contains lead paint.

It is against real estate disclosure laws in New Jersey for a seller to withhold information about lead-based paint hazards. In fact, there’s a standardized process for them to tell you everything they know about the condition of the materials in the house, and whether there is lead paint.

• This is known as the lead paint disclosure form (Lead Warning Statement).
• It should be provided as part of the buying or leasing process (before the contract is finally signed).
• It must be signed and dated by all parties.

This is according to HUD and Section 1018 of the NJ Residential Lead-Based Paint Hazard Reduction Act of 1992. It applies to the sale or lease of most housing built before 1978.

Can I demand a lead inspection when buying or leasing a home?

Yes, you are legally entitled to a period of ten (10) days in which to have a professional lead paint inspection and test conducted by certified lead contractors. This period can be shorter or longer, by mutual written agreement.

The seller must provide this window, although the buyer or lessor can waive this right if they want. However, just because the seller is not currently aware of hazards, it doesn’t mean there aren’t any present. The best way to ensure your new property is lead-safe is to get a confirmation done by certified lead inspectors like us. This can save you many headaches later on.

New Jersey’s lead paint laws require landlords to have rental dwellings inspected for lead by July 2024 or earlier.

Our Certified Lead Services in NJ

The AAA Lead Professionals team is fully licensed as an environmental services company. We specialize and are highly experienced in professional lead services in New Jersey.

We offer meticulous lead tests and inspections as well as lead removal (lead abatement). We can also help with asbestos and mold. Our service areas extend to NY, CT, and PA.