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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 document is in the public
domain. It may be reproduced by an individual or organization
without permission. Information provided in this booklet
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.
This form has been reformatted
from its original PDF format as released by the U.S. government.
It was reformatted by the Internet Legal Resource Guide
(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. |
