Seller Did Not Disclose Lead Paint

[Chris S.]

I recently closed on a two-family and I figured (because of the age) that there would be lead paint in the building.  The seller told me they had no knowledge of lead paint, which is common enough.  I assumed I would get an inspection and remediate to get a delead certificate since the property would likely attract families.  As it turns out, I searched the state database and found that shortly after the seller purchased the property in 1998, she had a lead inspection done and both units came back with violations.  This means she had direct knowledge of the presence of lead paint and failed to disclose it.  Oddly enough, the tenants that remain in the second unit have been there since 2010 and the youngest child is 7 now.  Is this worth pursuing with my attorney or would it be a waste of time?

[Russell Brazil]

So someone is supposed to remember details from 20 years ago?  What was the lead paint situation of the house you lived in 20 years ago?

Further, you already assumed because of the age of the house it had lead paint.  It is wise to assume all properties built before 1978 have lead paint unless proven otherwise.