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#377779 - 06/02/11 03:12 PM RRP Agent Lawsuit
Dean CRCNA Offline
Member

Registered: 08/25/10
Posts: 41
Loc: Texas
Really just mentioning this, so you can tighten up you risk management system.

Hopefully, you know about the lead Renovation, Repair and Painting (RRP) Rule.

New purchaser sued seller agent and their brokerage firm for not letting the new homeowner know about illegal work (painting) done back in Dec 2010 that was done by a non-certified firm.

Purchaser acknowledges receiving and signing Lead Disclosure. Purchaser did not decide to get lead test. However, purchaser said they would have gotten lead test done if they would have known about the non-certified contractor.

A child has 9 mcg/dl, which isn't much at all, but newer research is showing this level can cause loss of IQ points, behavior changes and many more things.

....

Another one going against agent and landlord. On this one, the child is severely mentally handicap after moving in an apartment with lead dust. I know the guy who is an expert witness on this one. 30 million.

Going to become more and more common.

CYA




Edited by Dean CRCNA (06/02/11 03:13 PM)

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#377808 - 06/02/11 07:30 PM Re: RRP Agent Lawsuit [Re: Dean CRCNA]
VABroker Offline
Veteran Member

Registered: 11/02/10
Posts: 848
Loc: Virginia
I'd say you gotta be careful because some of these guys are just out for the money.

I don't understand when my own children were young and we lived in old, old places that I'm sure had lead-based paint but they survived. I guess my kids were intelligent enough to not eat paint chips. A parent must bear some responsibility for letting their child CONTINUE to eat paint chips.

Heck, as kids, we played with small, swallowable objects, sharp metal toys and we, too, survived.

Maybe kids are just "protected" too much and can't think on their own anymore.

Sorry I'm not too sympathic - I was a responsible parent (and a young one at that).

I wouldn't doubt this parent was FEEDING their kids "chips" for the money.

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#377826 - 06/02/11 09:35 PM Re: RRP Agent Lawsuit [Re: VABroker]
Dean CRCNA Offline
Member

Registered: 08/25/10
Posts: 41
Loc: Texas
While true, kids can get lead poisoned from eating chips ... the major causes are from fine dust particles. Contractors cause dust and if they disturb lead based paint ... it creates lead dust.

To CYA, agents need to learn to not suggest non-certified contractors if the seller ask for references.

Also, agents need to ask about any non-certified work. If uncovered, they should insist owner disclose this. Very simple steps, but few agents do it.

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#377829 - 06/02/11 09:56 PM Re: RRP Agent Lawsuit [Re: VABroker]
NWABroker Offline
Member

Registered: 08/22/07
Posts: 49
Loc: Arkansas
I remember riding a bike without a helmet too. Good times.
_________________________
Gary Gay, Executive Broker
Crye-Leike Bentonville
Bentonville, AR 72712
Office: 479-273-1778
garygay.crye-leike.com

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#377833 - 06/02/11 10:21 PM Re: RRP Agent Lawsuit [Re: NWABroker]
Doin' bpose Offline
Major Contributor

Registered: 01/26/09
Posts: 2961
Loc: Old Dominion
Originally Posted By: NWABroker
I remember riding a bike without a helmet too. Good times.
I always wonder why perfectly heathy adults cruise down a quiet street on a bike wearing a helmet. That's what hands are for.

We made it here without bike helmets, but now if you don't wear one your a thrill seeker.

If your on a high traffic traffic road or off road trail go for the helemt. But for goodness sake let your kids roll around and experience life without a protective shell.

If you believe in helmets so much, wear them in the car and insist your passengers do to. Your more likely to experience a head injury in a car than on a bike.
_________________________
Trust your Maker. Watch your manager.

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#377834 - 06/02/11 10:42 PM Re: RRP Agent Lawsuit [Re: Dean CRCNA]
R. Danneskjold Offline
Veteran Member

Registered: 04/10/06
Posts: 987
Loc: Galt's Gulch
Quote:

If your on a high traffic traffic road or off road trail go for the helemt. But for goodness sake let your kids roll around and experience life without a protective shell.


You can't do that!!!!! What are you thinking????
You and your children must be protected from everything that could be dangerous. That's also why we have to have the TSA (Total Sexual Assault) feel you, your wife, and your children up and down in your private areas and blast you with a naked body scanners to protect you from terrorists. Nevermind that more people die from bee stings and car accidents every year than a terrorist attack in this country.....

It's lawsuit happy survellience society where soon even cooking your own food in your own house is going to be illegal without being certified.

I'm waiting for someone to sue a lender for a health illness due to excessive cat urine smell. Then we'll need a state certified frickin' cat urine remover specialist which will require a five week training course in proper preparation and abatement of cat urine. It'll have neat power point presentation, cost $3000 plus the hotel room since it will only be held in select cities.

Get real.

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#377867 - 06/03/11 08:05 AM Re: RRP Agent Lawsuit [Re: Dean CRCNA]
REODayton Offline
Major Contributor

Registered: 07/27/06
Posts: 3699
Loc: Dayton Ohio
I talked to a family that had a child that has a rare disorder where the kid craves lead. They eventually had to build a new house to ensure it was lead free.

He gnawed window sills, licked walls, would even chew on chunks of plaster from the walls. It was the damnest thing.

I think the comment comparing him to a destructive puppy who needed caged likely cost me the opportunity to list their property.

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#377872 - 06/03/11 09:01 AM Re: RRP Agent Lawsuit [Re: Dean CRCNA]
deepsea Offline
Veteran Member

Registered: 06/14/06
Posts: 607
Loc: Atlanta GA
One of the interesting things about lead based paint poisoning is that it doesn't only affect kids. In adults it doesn't have the same effect as in kids, the symptoms are fatigue during the day and insomnia at night. Sound familiar anyone?

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#377876 - 06/03/11 09:21 AM Re: RRP Agent Lawsuit [Re: Dean CRCNA]
Perky_REALTOR Offline
Mod Squad
Major Contributor

Registered: 11/27/06
Posts: 7685
Loc: PA
*wonders how much smarter she'd be if she didn't spend the first 11 years of her life in a 100+ year old farmhouse with lead paint and probably lead pipes AND who had her cuts, scrapes, and other wounds treated with mecurochrome and had Vicks stuffed up her nose and was given hot whiskey to drink when she had a cold*


*thinking*

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#377880 - 06/03/11 09:33 AM Re: RRP Agent Lawsuit [Re: Dean CRCNA]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 4726
Loc: Vermont's North-East Kingdom
People should make more cheap candy readily available, and their kids wouldn't be reduced to eating paint chips.

PS: I've heard that you don't get tooth decay from eating paint chips. Is that true?
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#377881 - 06/03/11 09:38 AM Re: RRP Agent Lawsuit [Re: Vermont]
REODayton Offline
Major Contributor

Registered: 07/27/06
Posts: 3699
Loc: Dayton Ohio
Originally Posted By: Vermont


PS: I've heard that you don't get tooth decay from paint chips. Is that true?


Thats a true staement but paint chips will bind you up tighter than Vermont cheese! So I have been told.

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#377897 - 06/03/11 10:39 AM Re: RRP Agent Lawsuit [Re: Dean CRCNA]
Kjmendy Offline
Veteran Member

Registered: 05/16/10
Posts: 709
Loc: London, Ontario
I find it amazing that society survived today. It must have been close to armageddon back when everything was painted with lead paint.

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#377911 - 06/03/11 11:36 AM Re: RRP Agent Lawsuit [Re: Dean CRCNA]
Dean CRCNA Offline
Member

Registered: 08/25/10
Posts: 41
Loc: Texas
Wow!

Maybe a short course on lead based paint is needed (except with the possible exception of deapsea).

Eating paint chips is very over rated as a cause of lead poisoning. First, because very few children eat paint chips. Secondly, is because very few paint chips have lead in them. Thirdly, the stomach doesn't digest lead very well. It usually just gets pushed out during a bathroom break.

Example: You can swallow a small 1/16 fishing weight and it may cause you to burp and that is about all. However, grind that sinker up into fine dust, swallow it ... and you won't even have time to call the ambulance. Particle size matters.

2.5 million kids (under 5) a year have a loss of IQ, behavioral changes, do poor in school, aggressiveness, personality changes and etc. from breathing in or swallowing fine lead dust about the size of one of these periods (punctuation mark) you see in this post.

Lead based paint was a premium product back in it's day. It cost more to purchase, so I doubt you would find much of it on old farm houses :)

If a house has lead based paint in/on it, it doesn't mean it is everywhere. It could be on the radiator or just on the windows. You could sand 90% of the house and you may never sand any lead based paint.

But when you do ... danger Will Robinson.

In fact, I can sand a 1' x 1' section of lead based paint and create enough dust to contaminate 10 - 2,300 sq ft homes. This using lead clearance levels (safe limits) for floors.

Lastly, if you are your kids got elevated lead blood levels ... you would never even probably know it. 99% of lead poisonings fall under being asymptomatic. In other words, you will have no headaches. No cough. Not even a sniffle. No outwardly symptoms at all.

Yet, harm is being done inside.

rant finished :)

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#377914 - 06/03/11 11:50 AM Re: RRP Agent Lawsuit [Re: Dean CRCNA]
Dean CRCNA Offline
Member

Registered: 08/25/10
Posts: 41
Loc: Texas
Another thought ...

I wouldn't be surprised if close to 50% of pre-built 1940 houses sold have toxic lead dust in them.

In the past, the lead disclosure booklet and signature form has CYA. With the RRP ... it changes everything.

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#377915 - 06/03/11 11:50 AM Re: RRP Agent Lawsuit [Re: Dean CRCNA]
R. Danneskjold Offline
Veteran Member

Registered: 04/10/06
Posts: 987
Loc: Galt's Gulch
You know, anyway for them to attack the little man and make him suffer. Big Agra can put all kinds of pesticides, aspartame, and genetically modified crap in our food and that's okay (even though you'll likely see similar symptoms in people over time and some right away).

The whole LBP thing is a crock and the only one's seriously pushing it are the one's who can make a profit out of it. I'm opening up a class to teach people how to properly remove cat urine from a house and avoid lawsuits later down the line. The cost is $3500 per student and you have to fly out to Hawaii for the course. Any takers?

Didn't think so.

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