Lead-based paint waiver pre-selected?

2 Replies

On the contract for a fixer duplex I am looking to purchase it looks like they pre-selected that I waive my opportunity for inspection of lead-based paint. Given the year it was built it seems like there is a reasonable probably that there may be some lead based paint. That being said, is it a real estate strategy to mark that box so buyers can't withdraw offer upon discovery of lead based paint upon inspection?

It’s not a strategy to preselect the wavier, and if done can open a lot of people to liability. That said, it’s likely an error, so if you want the inspection period then just ask the form to be appropriately filled out.  Typically lead inspection aren't part of your normal home inspection, so if you want one done, you will need to get a professional.  The only way to confirm lead is with an XRF gun, which only the lead professionals have because its a regulated item

People do get a little funny about lead paint inspections though. Lead paint is one of those things everyone know exist in old houses, but no one ever gets tested because they don’t want the knowledge compelling them to abate. Lead Abatement is a very expensive project and averages about $10-15k/unit around here, with the amount of lead being the biggest factor in cost.

The biggest concern is always the old windows, they are responsible for 86% of your lead problems. Vinyl replacements can take care of that problem and then it’s a matter of maintenance and ensuring paint doesn’t chip, peel or flake.

@Thuy Pham-Satrappe

Hmm, that seems illegal! ;))  

Here in Arizona buyers have the right to inspect for LBP and the right to waive the inspection, but it's the BUYER'S decision, not the sellers!

Perhaps the agent marked it carelessly or by mistake, I see that a lot, some agents are just sloppy!

You would be responsible for LBP in the home if someone were to get sick from it.  

I would suggest you NOT sign that contract if I were your agent, instead I would include the right to inspect for LBP in your offer.

Good luck Thuy! ;)