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REAL ESTATE PURCHASE CONTRACT (RESIDENTIAL)

STATE OF ___________________
COUNTY OF ___________________

1.  PARTIES: _______________________________________________________________________ (Seller) agrees to sell and convey to __________________________________________________________________
____________________ (Purchaser), and Purchaser agrees to buy from Seller the Property described below.

2. PROPERTY:  (a) Land: Address: ____________________________________________________________ [insert full address] or more specifically described as: ______________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________, or as described in the attached exhibit. (b) Improvements: The house, garage and all other fixtures and improvements attached to the above-described real property, including without limitation, the following permanently installed and built-in items, if any: all equipment and appliances, valances, screens, shutters, awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mail boxes, television antennas and satellite dish system and equipment, heating and air-conditioning units, security and fire detection equipment, wiring, plumbing and lighting fixtures, chandeliers, water softener system, kitchen equipment, garage door openers, cleaning equipment, shrubbery, landscaping, outdoor cooking equipment, and all other property owned by Seller and attached to the above described real property. (c) Accessories: The following described related accessories, if any: window air conditioning units, stove, fireplace screens, curtains and rods, blinds, window shades, draperies and rods, controls for satellite dish system, controls for garage door openers, entry gate controls, door keys, mailbox keys, above ground pool, swimming pool equipment and maintenance accessories, and artificial fireplace logs. (d) Exclusions: The following improvements and accessories will be retained by Seller and excluded:
_________________________________________________________________________________________
_________________________________________________________________________________________
The land, improvements and accessories are collectively referred to as the "Property".

3. PURCHASE PRICE: The Total Price shall be $___________________ payable as follows:

               Earnest money: (Receipt of which is hereby acknowledged) $___________________
               Cash or certified funds due at closing: $___________________

4. FINANCING: The portion of Sales Price not payable in cash will be paid as follows: [Check applicable items below.]

_____   (a) Third Party Financing: One or more third party mortgage loans in the total amount of $___________________. If the Property does not satisfy the lenders' underwriting requirements for the loan(s), this contract will terminate and the earnest money will be refunded to Purchaser. [Check one item only:]
_____   (1) This contract is subject to Purchaser being approved for the financing described in the attached Third Party Financing Condition Addendum.
_____   (2) This contract is not subject to Purchaser being approved for financing and does not involve FHA or VA financing.

_____   (b) Assumption: The assumption of the unpaid principal balance of one or more promissory notes described in the attached Loan Assumption Addendum.

_____   (c) Seller Financing: A promissory note from Purchaser to Seller of $___________________ bearing _______% interest per annum, secured by [choose the appropriate instrument authorized within the state:] _____ mortgage, or _____ vendor's and deed of trust liens, and containing the terms and conditions described in the attached Seller Financing Addendum. If an owner policy of title insurance is furnished, Purchaser shall furnish Seller with a mortgagee policy of title insurance.

5. TITLE INSURANCE: Seller agrees to furnish to Purchaser a standard form title insurance commitment, issued by a company qualified to insure titles in _________________________ [state], in the amount of the  purchase price, insuring the mortgagee against loss on account of any defect or encumbrance in the title, unless herein excepted; otherwise, the earnest money shall be refunded. Said property is sold and is to be conveyed subject to any mineral and mining rights not owned by the undersigned Seller and subject to present zoning classification.

6. PRORATIONS & HAZARD INSURANCE: The taxes, as determined on the date of closing, are to be prorated between Seller and Purchaser as of the date of delivery of the deed. Seller shall keep in force sufficient hazard insurance on the property to protect all interests until this sale is closed and the deed delivered. If the property is destroyed or materially damaged between the date hereof and the closing and Seller is unable or unwilling to restore it to its previous condition prior to closing, Purchaser shall have the option of canceling the contract and  receiving back the earnest money, or accepting the property in its damaged condition, any insurance proceeds otherwise payable to Seller by reason of such damage shall be applied to the balance of the purchase price or otherwise be payable to Purchaser.

7. CLOSING COSTS & DATE: The sale shall be closed and the deed delivered within sixty (60) days from the execution of this Agreement by all parties, except Seller shall have a reasonable length of time within which to perfect title or cure defects in the title to the said property. The Seller agrees to pay the cost of deed preparation and a mortgagee’s title insurance policy, all other closing costs shall be paid by Purchaser. Purchaser agrees to allow Seller to remain in possession of said property subject to separate terms of a month to month lease agreement to be executed at closing for a lease period not to extend beyond _________________________ [insert month/day/year].

8. CONVEYANCE: Seller agrees to convey a good merchantable title and General Warranty Deed of said property insuring that property is free of all encumbrances, except as hereinabove set out and Seller and Purchaser agree that any encumbrances shall be paid in full at the time of closing from sales proceeds.

9. CONDITION OF PROPERTY: (a) General Provisions and Obligations of Parties:  Seller agrees to deliver the heating, cooling, plumbing and electrical systems and any built-in appliances in operable condition at the time of closing. It shall be the responsibility of Purchaser, at Purchaser’s expense, to satisfy himself/herself that all conditions of this contract are satisfied before closing. Said sale is contingent upon a satisfactory inspection of the property to be completed and reported to Seller prior to or on _________________________, 20____. Said contract shall only be renegotiable upon a major defect with an individual repair cost in excess of $500.00. After closing, all conditions of the property, as well as any aforementioned items and systems, are the responsibility of Purchaser and shall be deemed purchased AS-IS. (b) Lender Required Repairs and Treatments: Unless otherwise agreed in writing, neither party is obligated to pay for lender required repairs, which includes treatment for wood destroying insects. If the parties do not agree to pay for the lender required repairs or treatments, this contract will terminate and the earnest money will be refunded to Purchaser. If the cost of lender required repairs and treatments exceeds 5% of the Sales Price, Purchaser may terminate this contract and the earnest money will be refunded to Purchaser. (c) Completion of Repairs and Treatments: Unless otherwise agreed in writing, Seller shall complete all agreed repairs and treatments prior to the Closing Date. All required permits must be obtained, and repairs and treatments must be performed by persons who are licensed or otherwise authorized by law to provide such repairs or treatments. At Purchaser's election, any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Purchaser at Purchaser's expense. If Seller fails to complete any agreed repairs and treatments prior to the Closing Date, Purchaser may do so and receive reimbursement from Seller at closing. The Closing Date will be extended up to 15 days, if necessary, to complete repairs and treatments. (d) Environmental Matters: Purchaser is advised that the presence of wetlands, toxic substances, including asbestos and wastes or other environmental hazards, or the presence of a threatened or endangered species or its habitat may affect Purchaser's intended use of the Property. If Purchaser is concerned about these matters, an addendum required by the parties should be used.

10. SELLER’S WARRANTIES: Seller warrants that Seller has not received notification from any lawful authority regarding any assessments, pending public improvements, repairs, replacements or alterations to said premises that have not been satisfactorily made. These warranties shall survive the delivery of the above deed.

11. EARNEST MONEY: The Earnest Money as paid by Purchaser as set forth in Paragraph 3 hereof shall be deposited by Seller only upon the execution of this contract. The Earnest Money shall be nonrefundable to Purchaser except for the occurrences of Paragraphs 5, 6, or 12.

12. DEFAULT: If Purchaser fails to comply with this contract, Purchaser will be in default, and Seller may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money as liquidated damages, thereby releasing both parties from this contract. If, due to factors beyond Seller's control, Seller fails within the time allowed to make any non-casualty repairs, Purchaser may (a) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (b) terminate this contract as the sole remedy and receive the earnest money. If Seller fails to comply with this contract for any other reason, Seller will be in default and Purchaser may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money, thereby releasing both parties from this contract.

13. MEDIATION: Any dispute between Purchaser and Seller related to this contract that is not resolved through informal discussion [choose one:]  _____ will  _____ will not  be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction.

14. SURVIVAL OF CONTRACT: All terms, conditions and warranties not performed at the time of delivery of the deed shall survive such delivery.

15. COMMISSION FEES: Purchaser and Seller agree that said contract was negotiated at arms length without assistance of any real estate agents or brokers and that no such fees shall be paid by either party in connection with this contract or sale.

16. ADDITIONAL PROVISIONS: Any additional Provisions set forth on the reverse side, initialed by all parties, are hereby made a part of this contract and this contract states the entire agreement between the parties and merges in this agreement all statements, representations, and covenants heretofore made, and any agreements not incorporated herein are void and of no force and effect.

17. SUCCESSORS AND ASSIGNS: This contract shall be binding upon any heirs, successors and assigns of Seller or Purchaser. 

18. REVOCATION OF OFFER BY PURCHASER: This contract has been first executed by Purchaser and if not accepted by all parties by noon on _________________________, 20____, this offer shall be void.

19.  DISCLOSURES:  _______________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

[The Seller should note any disclosures about the property that may be required under Federal or state law. Consult an attorney if uncertainty exists as to which disclosures may be required.]

 
PURCHASER:

____________________          ____________________________________________
Date                                      [purchaser's signature above/printed name below]
 

                                             ____________________________________________
                                             [purchaser's
signature above/printed name below]

SELLER:

____________________          ____________________________________________
Date                                      [seller's
signature above/printed name below]


                                             ____________________________________________
                                             [seller's
signature above/printed name below]


Note: This addendum is only necessary if the parties have checked the option in Paragraph 4(a)(i) above.

THIRD PARTY FINANCING CONDITION ADDENDUM
CONCERNING THE PROPERTY AT:

___________________________________________________________________________
(Address of Property)

Purchaser shall apply promptly for all financing described below and make every reasonable effort to obtain financing approval. Financing approval will be deemed to have been obtained when the lender determines that Purchaser has satisfied all of lender's financial requirements (those items relating to Purchaser's assets, income and credit history). If financing (including any financed PMI premium) approval is not obtained within ______ days after the effective date, this contract will terminate and the earnest money will be refunded to Purchaser. Each note must be secured by an appropriate instrument authorized within the state, typically either (1) a mortgage or (2) vendor's and deed of trust liens. (Consult an attorney if you are unsure as to which instrument is appropriate for this transaction.)

CHECK APPLICABLE BOXES:

_____   A. CONVENTIONAL FINANCING:
_____   (1) A first mortgage loan in the principal amount of $______________ (excluding any financed PMI premium), due in full in _________ year(s), with interest not to exceed _________% per annum for the first _________year(s) of the loan with Loan Fees not to exceed _________% of the loan. The loan will be [choose one:]   _____ with   _____ without PMI.
_____   (2) A second mortgage loan in the principal amount of $ (excluding any financed PMI premium), due in full in year(s), with interest not to exceed % per annum for the first year(s) of the loan with Loan Fees not to exceed % of the loan. The loan will be with without PMI.

 _____  B. FHA INSURED FINANCING: A Section _________ FHA insured loan of not less than $______________ (excluding any financed MIP), amortizable monthly for not less than _________ years, with interest not to exceed _________% per annum for the first _________ year(s) of the loan with Loan Fees not to exceed _________% of the loan. As required by HUD-FHA, if FHA valuation is unknown, "It is expressly agreed that, notwithstanding any other provisions of this contract, the purchaser (Purchaser) shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless the purchaser (Purchaser) has been given in accordance with HUD/FHA or VA requirements a written statement issue by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than $______________. The purchaser (Purchaser) shall have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value or the condition of the Property. The purchaser (Purchaser) should satisfy himself/herself that the price and the condition of the Property are acceptable."

            If the FHA appraised value of the Property (excluding closing costs and MIP) is less than the Sales Price, Seller may reduce the Sales Price to an amount equal to the FHA appraised value (excluding closing costs and MIP) and the sale will be closed at the lower Sales Price with proportionate adjustments to the down payment and loan amount.

_____   C. VA GUARANTEED FINANCING: A VA guaranteed loan of not less than $______________ (excluding any financed Funding Fee), amortizable monthly for not less than _______ years, with interest not to exceed _______% per annum for the first _______ year(s) of the loan with Loan Fees not to exceed _______% of the loan.

            VA NOTICE TO PURCHASER: "It is expressly agreed that, notwithstanding any other provisions of this contract, the Purchaser shall not incur any penalty by forfeiture of earnest money or otherwise or be obligated to complete the purchase of the Property described herein, if the contract purchase price or cost exceeds the reasonable value of the Property established by the Department of Veterans Affairs. The Purchaser shall, however, have the privilege and option of proceeding with the consummation of this contract without regard to the amount of the reasonable value established by the Department of Veterans Affairs."

            If Purchaser elects to complete the purchase at an amount in excess of the reasonable value established by VA, Purchaser shall pay such excess amount in cash from a source which Purchaser agrees to disclose to the VA and which Purchaser represents will not be from borrowed funds except as approved by VA. If VA reasonable value of the Property is less than the Sales Price, Seller may reduce the Sales Price to an amount equal to the VA reasonable value and the sale will be closed at the lower Sales Price with proportionate adjustments to the down payment and the loan amount.

PURCHASER:

____________________          ____________________________________________
Date                                      [purchaser's signature above/printed name below]
 

                                             ____________________________________________
                                             [purchaser's signature above/printed name below]

SELLER:

____________________          ____________________________________________
Date                                      [seller's signature above/printed name below]


                                             ____________________________________________
                                             [seller's signature above/printed name below]


Note: This addendum is only necessary if the parties have checked the option in Paragraph 4(b) above.

LOAN ASSUMPTION ADDENDUM
TO CONTRACT CONCERNING THE PROPERTY AT: 

___________________________________________________________________________
(Address of Property)

A. CREDIT DOCUMENTATION:  Within _____ days after the effective date of this contract, Purchaser shall deliver to Seller the following: [check all applicable items:]   _____credit report   _____verification of employment, including salary   _____verification of funds on deposit in financial institutions   ____current financial statement to establish Purchaser's creditworthiness.  Purchaser hereby authorizes any credit reporting agency to furnish to Seller at Purchaser's sole expense copies of Purchaser's credit reports.

B. CREDIT APPROVAL:  If Purchaser's documentation is not delivered within the specified time, Seller may terminate this contract by notice to Purchaser within 7 days after expiration of the time for delivery, and the earnest money will be paid to Seller. If the documentation is timely delivered, and Seller determines in Seller's sole discretion that Purchaser's credit is unacceptable, Seller may terminate this contract by notice to Purchaser within 7 days after expiration of the time for delivery and the earnest money will be refunded to Purchaser.  If Seller does not terminate this contract, Seller will be deemed to have accepted Purchaser's credit.

C. ASSUMPTION:

_____   (1) The unpaid principal balance of a first lien promissory note payable to which unpaid balance at closing will be $________________. The total current monthly payment including principal, interest and any reserve deposits is $________________. Purchaser’s initial payment will be the first payment due after closing.

_____   (2) The unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be $________________. The total current monthly payment including principal, interest and any reserve deposits is $________________. Purchaser’s initial payment will be the first payment due after closing.

Purchaser’s assumption of an existing note includes all obligations imposed by the deed of trust securing the note. If the unpaid principal balance(s) of any assumed loan(s) as of the Closing Date varies from the loan balance(s) stated above, the  [check only one: _____cash payable at closing   _____Sales Price   will be adjusted by the amount of any variance; provided, if the total principal balance of all assumed loans varies in an amount greater than $350.00 at closing, either party may terminate this contract and the earnest money will be refunded to Purchaser unless the other party elects to eliminate the excess in the variance by an appropriate adjustment at closing. Purchaser may terminate this contract and the earnest money will be refunded to Purchaser if the noteholder requires (a) payment of an assumption fee in excess of $________________ in (1) above or $________________ in (2) above and Seller declines to pay such excess, (b) an increase in the interest rate to more than ________% in (1) above, or ________% in (2) above, (c) any other modification of the loan documents, or (d) consent to the assumption of the loan and fails to consent. An appropriate instrument authorized within the state, typically either (1) a mortgage or (2) vendor's and deed of trust liens, to secure the assumption will be required, and it will automatically be released on execution and delivery of a release by noteholder. If Seller is released from liability on any assumed note, the instrument securing the assumption will not be required. If noteholder maintains an escrow account, the escrow account must be transferred to Purchaser without any deficiency. Purchaser shall reimburse Seller for the amount in the transferred accounts.

NOTICE TO PURCHASER: The monthly payments, interest rates or other terms of some loans may be adjusted by the noteholder at or after closing. If you are concerned about the possibility of future adjustments, do not sign the contract without examining the notes and the instrument securing the note.

NOTICE TO SELLER: Your liability to pay the note assumed by Purchaser will continue unless you obtain a release of liability from the noteholder. If you are concerned about future liability, you should use the a Release of Liability Addendum.

PURCHASER:

____________________          ____________________________________________
Date                                      [purchaser's signature above/printed name below]
 

                                             ____________________________________________
                                             [purchaser's signature above/printed name below]

SELLER:

____________________          ____________________________________________
Date                                      [seller's signature above/printed name below]


                                             ____________________________________________
                                             [seller's signature above/printed name below]


Note: This addendum is only necessary if the parties have checked the option in Paragraph 4(c) above.

SELLER FINANCING ADDENDUM
TO CONTRACT CONCERNING THE PROPERTY AT: 

___________________________________________________________________________
(Address of Property)

A. CREDIT DOCUMENTATION:  Within _____ days after the effective date of this contract, Purchaser shall deliver to Seller: [check all applicable items:]   _____credit report   _____verification of employment, including salary _____verification of funds on deposit in financial institutions   _____current financial statement to establish Purchaser's creditworthiness.  Purchaser hereby authorizes any credit reporting agency to furnish to Seller at Purchaser's sole expense copies of Purchaser's credit reports.

B. CREDIT APPROVAL:  If Purchaser's documentation is not delivered within the specified time, Seller may terminate this contract by notice to Purchaser within 7 days after expiration of the time for delivery, and the earnest money will be paid to Seller. If the documentation is timely delivered, and Seller determines in Seller's sole discretion that Purchaser's credit is unacceptable, Seller may terminate this contract by notice to Purchaser within 7 days after expiration of the time for delivery and the earnest money will be refunded to Purchaser. If Seller does not terminate this contract, Seller will be deemed to have accepted Purchaser's credit.

C. PROMISSORY NOTE:  The promissory note (Note) described in Paragraph 4 of this contract payable by Purchaser to the order of Seller will be payable at the place designated by Seller. Purchaser may prepay the Note in whole or in part at any time without penalty. Any prepayments are to be applied to the payment of the installments of principal last maturing and interest will immediately cease on the prepaid principal. The Note will contain a provision for payment of a late fee of 5% of any installment not paid within 10 days of the due date. The Note will be payable as follows:

_____   (1) In one payment due ____________________ after the date of the Note with interest payable ___________________.

_____   (2) In ____________________ installments of $____________________, [check all applicable items:] _____including interest _____plus interest beginning ____________________ after the date of the Note and continuing at ____________________ intervals thereafter for ____________________ when the balance of the Note will be due and payable.

_____   (3) Interest only in ____________________ installments for the first ____________________ month(s) and thereafter in installments of $____________________, [check all applicable items:] _____including interest _____plus interest beginning ____________________ after the date of the Note and continuing at ____________________ intervals thereafter for when the balance of the Note will be due and payable.

D. SECURING INSTRUMENT: [Choose the appropriate instrument authorized within the state:] A _____ mortgage, or _____ deed of trust lien, will provide for the following:

(1) PROPERTY TRANSFERS: [check only one:]

_____   (a) Consent Not Required: The Property may be sold, conveyed or leased without the consent of Seller, provided any subsequent Purchaser assumes the Note.

_____   (b) Consent Required: If all or any part of the Property is sold, conveyed, leased for a period longer than 3 years, leased with an option to purchase, or otherwise sold, without the prior written consent of Seller, Seller may declare the balance of the Note, to be immediately due and payable. The creation of a subordinate lien, any conveyance under threat or order of condemnation, any deed solely between Purchasers, the passage of title by reason of the death of a Purchaser or by operation of law will not entitle Seller to exercise the remedies provided in this paragraph.

(2) TAX AND INSURANCE ESCROW: [check only one:]

_____   (a) Escrow Not Required: Purchaser shall furnish Seller annually, before the taxes become delinquent, evidence that all taxes on the Property have been paid. Purchaser shall furnish Seller annually evidence of paid-up casualty insurance naming Seller as an additional loss payee.

_____   (b) Escrow Required: With each installment Purchaser shall deposit with Seller in escrow a pro rata part of the estimated annual ad valorem taxes and casualty insurance premiums for the Property. Purchaser shall pay any deficiency within 30 days after notice from Seller. Purchaser's failure to pay the deficiency constitutes a default under the securing instrument. Purchaser is not required to deposit any escrow payments for taxes and insurance that are deposited with a superior lienholder. The casualty insurance must name Seller as an additional loss payee.

(3) PRIOR LIENS: Any default under any lien superior to the lien securing the Note constitutes default under the deed of trust securing the Note.

PURCHASER:

____________________          ____________________________________________
Date                                      [purchaser's signature above/printed name below]
 

                                             ____________________________________________
                                             [purchaser's signature above/printed name below]

SELLER:

____________________          ____________________________________________
Date                                      [seller's signature above/printed name below]


                                             ____________________________________________
                                             [seller's signature above/printed name below]


Note About the Following Pages:  The following lead disclosure must be included if the property was built prior to 1978.

LEAD-BASED PAINT DISCLOSURE (SALES)

___________________________________________________________________
Street Address                                            City            State                Zip

WARNING! LEAD FROM PAINT, DUST, AND SOIL CAN BE DANGEROUS IF NOT MANAGED PROPERLY

Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards

Lead Warning Statement

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. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential 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.

Seller's Disclosure

(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):

(i)       ______ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).
__________________________________________________________________________
__________________________________________________________________________

(ii)     ______ Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. 

(b) Records and reports available to the seller (check (i) or (ii) below):

(i)       ______ Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below).
__________________________________________________________________________
__________________________________________________________________________

(ii)     _____ Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.

Purchaser's Acknowledgment (initial)

(c) ______ Purchaser has received copies of all information listed above.

(d) ______ Purchaser has received the pamphlet Protect Your Family from Lead in Your Home.

(e) Purchaser has (check (i) or (ii) below):

(i)       ______ received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or

(ii)     ______ waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.

Agent's Acknowledgment (initial) 

(f) ______ Agent has informed the seller of the seller' obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance.

Seller Initials: ______   ______     Buyer Initials: ______   ______    Agent Initials: ______   ______

Certification of Accuracy

The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.  Penalties for failure to comply with Federal Lead-Based Paint Disclosure Laws include treble (3 times) damages, attorney fees, costs, and a penalty up to $10,000 for each violation.

PURCHASER:

____________________          ____________________________________________
Date                                      [purchaser's signature above/printed name below]
 

                                             ____________________________________________
                                             [purchaser's signature above/printed name below]

SELLER:

____________________          ____________________________________________
Date                                      [seller's signature above/printed name below]


                                             ____________________________________________
                                             [seller's signature above/printed name below]

AGENT:

____________________          ____________________________________________
Date                                      [agent's signature above/printed name below]


Protect Your Family from Lead in Your Home

 United States Environmental Protection Agency
United States Consumer Product Safety Commission
United States Department of Housing and Urban Development

Simple Steps To Protect Your Family From Lead Hazards

If you think your home has high levels of lead:

  • Get your young children tested for lead, even if they seem healthy.
  • Wash children’s hands, bottles, pacifiers, and toys often.
  • Make sure children eat healthy, low-fat foods.
  • Get your home checked for lead hazards.
  • Regularly clean floors, window sills, and other surfaces.
  • Wipe soil off shoes before entering house.
  • Talk to your landlord about fixing surfaces with peeling or chipping paint.
  • Take precautions to avoid exposure to lead dust when remodeling or renovating (call 1-800-424-LEAD for guidelines).
  • Don’t use a belt-sander, propane torch, high temperature heat gun, scraper, or sandpaper on painted surfaces that may contain lead.
  • Don’t try to remove lead-based paint yourself.

Are You Planning To Buy, Rent, or Renovate a Home Built Before 1978?

Many houses and apartments built before 1978 have paint that contains high levels of lead (called leadbased paint). Lead from paint, chips, and dust can pose serious health hazards if not taken care of properly.

OWNERS, BUYERS, and RENTERS are encouraged to check for lead (see page 2) before renting, buying or renovating pre-1978 housing.

Federal law requires that individuals receive certain information before renting, buying, or renovating 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 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 about lead-based paint. Buyers have up to 10 days to check for lead.

RENOVATORS disturbing more than 2 square feet of painted surfaces have to give you this pamphlet before starting work.

IMPORTANT!

Lead From Paint, Dust, and Soil Can Be Dangerous If Not Managed Properly

  • FACT: Lead exposure can harm young children and babies even before they are born.
  • FACT: Even children who seem healthy can have high levels of lead in their bodies.
  • FACT: People can get lead in their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead.
  • FACT: People have many options for reducing lead hazards. In most cases, lead-based paint that is in good condition is not a hazard.
  • FACT: Removing lead-based paint improperly can increase the danger to your family. If you think your home might have lead hazards, read this pamphlet to learn some simple steps to protect your family.

Lead Gets in the Body in Many Ways

 People can get lead in their body if they:

  • Breathe in lead dust (especially during renovations that disturb painted surfaces).
  • Put their hands or other objects covered with lead dust in their mouths.
  • Eat paint chips or soil that contains lead.

Lead is even more dangerous to children under the age of 6:

  • At this age children’s brains and nervous systems are more sensitive to the damaging effects of lead.
  • Children’s growing bodies absorb more lead.
  • Babies and young children often put their hands and other objects in their mouths. These objects can have lead dust on them.
  • Lead is also dangerous to women of childbearing age:
  • Women with a high lead level in their system prior to pregnancy would expose a fetus to lead through the placenta during fetal development.

Childhood lead poisoning remains a major environmental health problem in the U.S. Even children who appear healthy can have dangerous levels of lead in their bodies.

Lead’s Effects

It is important to know that even exposure to low levels of lead can severely harm children.

In children, lead can cause:

  • Nervous system and kidney damage.
  • Learning disabilities, attention deficit disorder, and decreased intelligence.
  • Speech, language, and behavior problems.
  • Poor muscle coordination.
  • Decreased muscle and bone growth.
  • Hearing damage.

While low-lead exposure is most common, exposure to high levels of lead can have devastating effects on children, including seizures, unconsciousness, and, in some cases, death.

Although children are especially susceptible to lead exposure, lead can be dangerous for adults too.

In adults, lead can cause:

  • Increased chance of illness during pregnancy.
  • Harm to a fetus, including brain damage or death.
  • Fertility problems (in men and women).
  • High blood pressure.
  • Digestive problems.
  • Nerve disorders.
  • Memory and concentration problems.
  • Muscle and joint pain.

Lead affects the body in many ways: Brain or Nerve Damage, Slowed Growth, Hearing Problems, Reproductive Problems (adults), Digestive Problems.

Where Lead-Based Paint Is Found

Many homes built before 1978 have leadbased paint. The federal government banned lead-based paint from housing in 1978. Some states stopped its use even earlier. Lead can be found:

  • In homes in the city, country, or suburbs.
  • In apartments, single-family homes, and both private and public housing.
  • Inside and outside of the house.
  • In soil around a home. (Soil can pick up lead from exterior paint or other sources such as past use of leaded gas in cars.)

In general, the older your home, the more likely it has leadbased paint.

Checking Your Family for Lead

To reduce your child's exposure to lead, get your child checked, have your home tested (especially if your home has paint in poor condition and was built before 1978), and fix any hazards you may have.

Children's blood lead levels tend to increase rapidly from 6 to 12 months of age, and tend to peak at 18 to 24 months of age. Consult your doctor for advice on testing your children. A simple blood test can detect high levels of lead. Blood tests are usually recommended for:

  • Children at ages 1 and 2.
  • Children or other family members who have been exposed to high levels of lead.
  • Children who should be tested under your state or local health screening plan. Your doctor can explain what the test results mean and if more testing will be needed.

Get your children and home tested if you think your home has high levels of lead.

Identifying Lead Hazards

Lead-based paint is usually not a hazard if it is in good condition, and it is not on an impact or friction surface, like a window. It is defined by the federal government as paint with lead levels greater than or equal to 1.0 milligram per square centimeter, or more than 0.5% by weight.

Deteriorating lead-based paint (peeling, chipping, chalking, cracking or damaged) is a hazard and needs immediate attention. It may also be a hazard when found on surfaces that children can chew or that get a lot of wear-and-tear, such as:

  • Windows and window sills.
  • Doors and door frames.
  • Stairs, railings, banisters, and porches.

Lead dust can form when lead-based paint is scraped, sanded, or heated. Dust also forms when painted surfaces bump or rub together. Lead chips and dust can get on surfaces and objects that people touch. Settled lead dust can re-enter the air when people vacuum, sweep, or walk through it. The following two federal standards have been set for lead hazards in dust:

  • 40 micrograms per square foot (µg/ft2) and higher for floors, including carpeted floors.
  • 250 µg/ft2 and higher for interior window sills. Lead in soil can be a hazard when children play in bare soil or when people bring soil into the house on their shoes.

The following two federal standards have been set for lead hazards in residential soil:

  • 400 parts per million (ppm) and higher in play areas of bare soil.
  • 1,200 ppm (average) and higher in bare soil in the remainder of the yard.

The only way to find out if paint, dust and soil lead hazards exist is to test for them. The next page describes the most common methods used.

Lead from paint chips, which you can see, and lead dust, which you can’t always see, can both be serious hazards.

Checking Your Home for Lead

You can get your home tested for lead in several different ways:

  • A paint inspection tells you whether your home has lead-based paint and where it is located. It won’t tell you whether or not your home currently has lead hazards.
  • A risk assessment tells you if your home currently has any lead hazards from lead in paint, dust, or soil. It also tells you what actions to take to address any hazards.
  • A combination risk assessment and inspection tells you if your home has any lead hazards and if your home has any lead-based paint, and where the lead-based paint is located. Hire a trained and certified testing professional who will use a range of reliable methods when testing your home.
  • Visual inspection of paint condition and location.
  • A portable x-ray fluorescence (XRF) machine.
  • Lab tests of paint, dust, and soil samples.

There are state and federal programs in place to ensure that testing is done safely, reliably, and effectively.  Contact your state or local agency (see pages 3 and 4) for more information, or call 1-800-424-LEAD (5323) for a list of contacts in your area.

Home test kits for lead are available, but may not always be accurate. Consumers should not rely on these kits before doing renovations or to assure safety.

Just knowing that a home has leadbased paint may not tell you if there is a hazard.

What You Can Do Now To Protect Your Family

If you suspect that your house has lead hazards, you can take some immediate steps to reduce your family’s risk:

  • If you rent, notify your landlord of peeling or chipping paint.
  • Clean up paint chips immediately.
  • Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner or a cleaner made specifically for lead. REMEMBER: NEVER MIX AMMONIA AND BLEACH PRODUCTS TOGETHER SINCE THEY CAN FORM A DANGEROUS GAS.
  • Thoroughly rinse sponges and mop heads after cleaning dirty or dusty areas.
  • Wash children’s hands often, especially before they eat and before nap time and bed time.
  • Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals regularly.
  • Keep children from chewing window sills or other painted surfaces.
  • Clean or remove shoes before entering your home to avoid tracking in lead from soil.
  • Make sure children eat nutritious, low-fat meals high in iron and calcium, such as spinach and dairy products. Children with good diets absorb less lead.

Reducing Lead Hazards In The Home

In addition to day-to-day cleaning and good nutrition:

  • You can temporarily reduce lead hazards by taking actions such as repairing damaged painted surfaces and planting grass to cover soil with high lead levels. These actions (called “interim controls”) are not permanent solutions and will need ongoing attention.
  • To permanently remove lead hazards, you should hire a certified lead “abatement” contractor. Abatement (or permanent hazard elimination) methods include removing, sealing, or enclosing lead-based paint with special materials. Just painting over the hazard with regular paint is not permanent removal.
  • Always hire a person with special training for correcting lead problems—someone who knows how to do this work safely and has the proper equipment to clean up thoroughly. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government.
  • Once the work is completed, dust cleanup activities must be repeated until testing indicates that lead dust levels are below the following:
  • 40 micrograms per square foot (µg/ft2) for floors, including carpeted floors;
  • 250 µg/ft2 for interior windows sills; and
  • 400 µg/ft2 for window troughs.

Call your state or local agency (see bottom of page 11) for help in locating certified professionals in your area and to see if financial assistance is available.

Removing lead improperly can increase the hazard to your family by spreading even more lead dust around the house.  Always use a professional who is trained to remove lead hazards safely.

Remodeling or Renovating a Home With Lead-Based Paint

Take precautions before your contractor or you begin remodeling or renovating anything that disturbs painted surfaces (such as scraping off paint or tearing out walls):

  • Have the area tested for lead-based paint.
  • Do not use a belt-sander, propane torch, high temperature heat gun, dry scraper, or dry sandpaper to remove lead-based paint. These actions create large amounts of lead dust and fumes. Lead dust can remain in your home long after the work is done.
  • Temporarily move your family (especially children and pregnant women) out of the apartment or house until the work is done and the area is properly cleaned. If you can’t move your family, at least completely seal off the work area.
  • Follow other safety measures to reduce lead hazards. You can find out about other safety measures by calling 1-800-424-LEAD. Ask for the brochure “Reducing Lead Hazards When Remodeling Your Home.” This brochure explains what to do before, during, and after renovations.

If you have already completed renovations or remodeling that could have released lead-based paint or dust, get your young children tested and follow the steps outlined on page 7 of this brochure.

If not conducted properly, certain types of renovations can release lead from paint and dust into the air.

Other Sources of Lead

  • Drinking water. Your home might have plumbing with lead or lead solder. Call your local health department or water supplier to find out about testing your water. You cannot see, smell, or taste lead, and boiling your water will not get rid of lead. If you think your plumbing might have lead in it:
    • Use only cold water for drinking and cooking.
    • Run water for 15 to 30 seconds before drinking it, especially if you have not used your water for a few hours.
  • The job. If you work with lead, you could bring it home on your hands or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family’s clothes.
  • Old painted toys and furniture.
  • Food and liquids stored in lead crystal or lead-glazed pottery or porcelain.
  • Lead smelters or other industries that release lead into the air.
  • Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture.
  • Folk remedies that contain lead, such as “greta” and “azarcon” used to treat an upset stomach.

While paint, dust, and soil are the most common sources of lead, other lead sources also exist.

For More Information

The National Lead Information Center

  • Call 1-800-424-LEAD (424-5323) to learn how to protect children from lead poisoning and for other information on lead hazards. To access lead information via the web, visit www.epa.gov/lead and www.hud.gov/offices/lead/.

EPA’s Safe Drinking Water Hotline

  • Call 1-800-426-4791 for information about lead in drinking water.

Consumer Product Safety Commission (CPSC) Hotline

  • To request information on lead in consumer products, or to report an unsafe consumer product or a product- related injury call 1-800-638- 2772, or visit CPSC's Web site at: www.cpsc.gov.

Health and Environmental Agencies

  • Some cities, states, and tribes have their own rules for lead-based paint activities. Check with your local agency to see which laws apply to you. Most agencies can also provide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up-to-date address and phone information for your local contacts on the Internet at www.epa.gov/lead or contact the National Lead Information Center at 1-800-424-LEAD.

For the hearing impaired, call the Federal Information Relay Service at 1-800-877-8339 to access any of the phone numbers in this brochure.

EPA Regional Offices
Region 1 (
Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont)
Regional Lead Contact

U.S. EPA Region 1
Suite 1100 (CPT)
One Congress Street
Boston, MA 02114-2023

1 (888) 372-7341

Region 2 (New Jersey, New York, Puerto Rico, Virgin Islands)
Regional Lead Contact

U.S. EPA Region 2
2890 Woodbridge Avenue

Building 209, Mail Stop 225

Edison, NJ 08837-3679

(732) 321-6671

Region 3 (Delaware, Maryland, Pennsylvania, Virginia, Washington DC, West Virginia)
Regional Lead Contact

U.S. EPA Region 3 (3WC33)
1650 Arch Street
Philadelphia, PA 19103

(215) 814-5000
 
Region 4 (
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee)
Regional Lead Contact

U.S. EPA Region 4
61 Forsyth Street, SW
Atlanta, GA 30303

(404) 562-8998

Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin)
Regional Lead Contact

U.S. EPA Region 5 (DT-8J)
77 West Jackson Boulevard
Chicago, IL 60604-3666

(312) 886-6003

EPA Regional Offices

Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas)
Regional Lead Contact

U.S. EPA Region 6
1445 Ross Avenue, 12th Floor
Dallas, TX 75202-2733
(214) 665-7577

Region 7 (Iowa, Kansas, Missouri, Nebraska)
Regional Lead Contact

U.S. EPA Region 7

(ARTD-RALI)

901 N. 5th Street
Kansas City, KS 66101

(913) 551-7020

Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming)
Regional Lead Contact

U.S. EPA Region 8
999 18th Street, Suite 500
Denver, CO 80202-2466

(303) 312-6021

Region 9 (Arizona, California, Hawaii, Nevada)
Regional Lead Contact
U.S. Region 9
75 Hawthorne Street
San Francisco, CA 94105
(415) 947-4164

Region 10 (Alaska, Idaho, Oregon, Washington)
Regional Lead Contact

U.S. EPA Region 10

Toxics Section WCM-128
1200
Sixth Avenue
Seattle, WA 98101-1128

(206) 553-1985

Your Regional EPA Office can provide further information regarding regulations and lead protection programs. 

CPSC Regional Offices Eastern Regional Center
Consumer Product Safety Commission

201 Varick Street, Room 903
New York, NY 10014

(212) 620-4120

Central Regional Center
Consumer Product Safety Commission

230 South Dearborn Street, Room 2944
Chicago, IL 60604

(312) 353-8260

Western Regional Center
Consumer Product Safety Commission

1301 Clay Street, Suite 610-N
Oakland, CA 94612

(510) 637-4050

HUD Lead Office

Please contact HUD's Office of Healthy Homes and Lead Hazard Control for information on lead regulations, outreach efforts, and lead hazard control and research grant programs.

U.S. Department of Housing and Urban Development
Office of Healthy Homes and Lead Hazard Control
451
Seventh Street, SW, P-3206
Washington, DC 20410

(202) 755-1785

Your Regional CPSC Office can provide further information regarding regulations and consumer product safety.

U.S. EPA Washington DC 20460 EPA747-K-99-001
U.S. CPSC Washington DC 20207 June 2003
U.S. HUD Washington DC 20410

This lead-based paint addendum and disclosure (not the remainder of this page) is in the public domain and may be reproduced without permission, and it has been reformatted from its original PDF format as released by the U.S. government. It was reformatted by the Internet Legal Research Group (http://www.ilrg.com), a service of Maximilian Ventures, LLC. No changes have been made to this document other than to internal page number references. Graphical illustrations have been omitted or summarized wherever possible.

It is based upon current scientific and technical understanding of the issues presented and is reflective of the jurisdictional boundaries established by the statutes governing the co-authoring agencies. Following the advice given will not necessarily provide complete protection in all situations or against all health hazards that can be caused by lead exposure.


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