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#387968 - 08/27/11 10:53 PM Timing of Lead Disclosure
Dean CRCNA Offline
Member

Registered: 08/25/10
Posts: 41
Loc: Texas
A management firm (representing landlord) emailed tenant a lease, lead disclosure and lead pamphlet and told them to sign and get it back to them.

The Lead Disclosure Addendum is blank and has not been filled out or signed by landlord.

Isn't this illegal?

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#387984 - 08/28/11 11:10 AM Re: Timing of Lead Disclosure [Re: Dean CRCNA]
shana Offline
Major Contributor

Registered: 11/06/07
Posts: 1602
Loc: Nevada
probably. if the mgt company expects the tenant to sign the disclosure addendum in blank, tenant shouldn't do it. owner and mgt company know better than that. could be that property owner has not provided this information to the mgt company, and mgt company just wants to get it done. but that is not a valid excuse to conceal or fail to disclose.

property owner is responsible for disclosing any known lead hazards. also, if presence of lead is unknown, that needs to be explicitly indicated on the form.

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#387987 - 08/28/11 01:42 PM Re: Timing of Lead Disclosure [Re: Dean CRCNA]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 4726
Loc: Vermont's North-East Kingdom
They call these forms "disclosures" for a reason.

You can't really have the recipient acknowledge receipt of the information being disclosed only to fill it in afterwards.

First things first.

But then again, Congress will sign a Bill into Law, and put off reading it until another day . . . . so maybe that's just the way things are done around here these days ?

Second things first, and first things second (if at all).

Things is gettin' curiouser and curiouser, aren't they Tonto ?
_________________________
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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#388030 - 08/29/11 09:10 AM Re: Timing of Lead Disclosure [Re: Dean CRCNA]
Dean CRCNA Offline
Member

Registered: 08/25/10
Posts: 41
Loc: Texas
Shana & Vermont,

It seems you are correct. No shock there smile

Additionally, it seems renovations were recently done. Tenant requested to know if renovations were done by someone other than a EPA Lead Safe Certified Firm.

Landlord or Management firm didn't answer this question. It seems this too, will be a problem for LL/Management Firm.

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