LD 1532
pg. 3
Page 2 of 6 An Act To Modify Liability To Protect Maine Citizens from Lead Hazards That Har... Page 4 of 6
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LR 1233
Item 1

 
1.__Sellers of real property.__The department shall prepare a
standard real property disclosure statement form for potential
sellers of real property to use to disclose to potential purchasers
information concerning environmental lead hazards, in or about the
real property, to comply with Title 33, section 173, subsection 4,
paragraph B.__The statement is in addition to that required under
42 United States Code, Section 4852d and implementing regulations.

 
A.__The following warning must be included at the top of the
form.__The heading and the first and last paragraphs must be
printed in a font that is at least as large as 16-point type
in Times Roman font.

 
WARNING REGARDING LEAD-BASED PAINT HAZARDS

 
ANY RESIDENCE BUILT BEFORE 1978 MAY CONTAIN LEAD SUFFICIENT
TO POISON CHILDREN AND SOMETIMES ADULTS.__LEAD POISONING
POSES A PARTICULAR RISK IF YOU ARE PREGNANT OR MAY BECOME
PREGNANT.__LEAD POISONING IN YOUNG CHILDREN MAY PRODUCE
PERMANENT NEUROLOGICAL DAMAGE, INCLUDING LEARNING
DISABILITIES, A REDUCED INTELLIGENCE QUOTIENT (IQ), IMPAIRED
MEMORY AND BEHAVIORAL PROBLEMS SUCH AS ATTENTION DEFICIT
HYPERACTIVE DISORDER AND A PROPENSITY FOR VIOLENCE.

 
Every purchaser of any interest in residential real property
on which a residential dwelling was built prior to 1978 is
notified that such property may present exposure to lead
from lead-based paint that may place young children at risk
of developing lead poisoning.__The seller of any interest in
real property is required to provide the buyer with any
information on lead-based paint hazards from risk
assessments or inspections in the seller's possession and
notify the buyer of any known lead-based paint hazards.__A
risk assessment or inspection for possible lead-based paint
hazards is recommended prior to purchase.

 
The owner of property is strictly liable for damages
resulting from the lead poisoning of children under the age
of 6 when the owner has failed to comply with Maine law
relating to environmental lead hazards under the Maine
Revised Statutes, Title 22, chapter 252.

 
THE ONLY WAY TO KNOW WITH CERTAINTY WHETHER LEAD-BASED PAINT
HAZARDS ARE PRESENT ON THE PROPERTY IS TO TEST THE PROPERTY
FOR THE PRESENCE OF LEAD.

 
B.__The form must include the seller's disclosure and the
agent's disclosure as required by federal law.


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