Westover in Arlington
Many houses and apartments built before 1978 have paint that contains lead (called lead-based paint). Lead-based paint is perfectly safe when treated properly, but lead from paint, chips, and dust can pose serious health hazards if not taken care of properly. Lead is especially dangerous when ingested. Lead poses a greater risk to small children who might ingest paint chips.
Recognizing that families have a right to know about lead-based paint and potential lead hazards in their homes, Congress directed EPA and HUD to work together to develop disclosure requirements for sales and leases of older housing. These requirements became effective in 1996.
Federal law requires that individuals receive certain information before renting or buying a pre-1978 housing:
LANDLORDS have to disclose known information on lead-based paint and lead-based paint hazards before leases take effect. Leases must include a disclosure form about lead-based paint.
SELLERS have to disclose known information on lead-based paint and lead-based paint hazards before selling a house. Sales contracts must include a disclosure form about lead-based paint. Buyers have up to ten days to check for lead hazards.
Renovating, repairing or painting a home, child care facility or school containing lead-based paint
River Towers in Alexandria
Beginning in April 2010, federal law will require that contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and follow specific work practices to prevent lead contamination.
Until that time, EPA recommends that anyone performing renovation, repair, and painting projects that disturb lead-based paint in pre-1978 homes, child care facilities and schools follow lead-safe work practices. The contractor should follow these three simple procedures:
Contain the work area
Minimize dust
Clean up throughly
To learn more check out the following EPA pamphlets on renovation, repair and painting:
Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools (PDF) (20 pp, 3.7MB)
Arlington Heights in Arlington
Contractors: Lead Safety During Renovation (PDF) (2 pp, 1.5MB) HTML version
In the Commonwealth of Virginia, emails sent for the purpose of advertising real estate services must contain specified disclosures at the beginning or end of the message. Does that mean disclosures are required in all emails?
Let's look at the case of Earl and Brian. Earl lists his home for sale with an agent named Brian. Earl is a busy guy and doesn't like phone calls. Earl prefers email and thus he and Brian communicate regularly by email. Late one night, Brian replies to one of Earl's emails but includes none of the required disclosures!
Has Larry violated the rules of the Commonwealth of Virginia?
The answer is no. Earl is already Brian's client and thus these emails are not solicitations. Disclosures are unnecessary when dealing with existing clients and in any correspondence required by the ordinary conduct of business.
For more information or to set up an appointment call Stuart at (703)765-0300.
The difference between equitable title and legal title
Do you know the difference between equitable title and legal title? Equitable title is conveyed to the buyer when the seller signs the offer to purchase. A ratified sales contract creates equitable title. After closing and accepting the deed, the buyer receives legal title. Equitable title does not carry all the rights, privileges and duties…
If you own a condo in Virginia, or if you're thinking of buying a condominium in the Commonwealth of Virginia, it might be a good idea to glance at the Virginia Condominium Act. This act describes the terms of ownership and limitations and requirements of condo associations. It also describes the unique attributes of condominium…
Everything built by man requires some maintenance at some point. Even so-called maintenance-free homes require some attention. So when making the transition from renting to buying, one aspect of home ownership that must be considered carefully is maintenance. Renters enjoy few advantages over buyers, but one benefit of renting is that in most cases renters…
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Update: Lepelletier case against Judge Tran Dismissed
As you may already know, Robert Lepelletier, Jr. sued Nesbitt Realty and as a result he was ordered to pay sanctions to Nesbitt Realty by Fairfax County Judge John Tran. Lepelletier sued the Honorable Judge John Tran in Federal court. Lepelletier's case against Judge Tran was dismissed and his motions were denied. Despite being ordered…
