Lead Hazard Control Order not disclosed by Seller

Toledo, Ohio
Legal & Legislation
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Lead Hazard Control Order not disclosed by Seller

Matt Hassett
Member since 2024 · 3 posts · 5 votes

We purchased our first rental in Toledo in December. A week ago our tenant received a notice to vacate due to Lead Hazard. We contacted Toledo-Lucas County Health Dept. and found out the property had a lead control order which was not disclosed by the seller when we purchased the property. Curious if we have any recourse with the previous owner at this point?

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Andrew FidlerBusiness Member
Real Estate Broker · Toledo, OH · Member since 2011 · 384 posts · 434 votes
1y

@Matt Hassett - I have seen several properties sell with lead orders attached to them but this is the first I’ve heard of one being sold without disclosure. 

I would start with your buying agent and the selling agent…make sure the brokers know sh*t just got real. Both parties should disclose if they had any details on the situation.  

Is there a property manager involved? Another one to seek information from. 

How did the seller register their property with Lucas County Rental Registry (that is another involved party). 

Lastly the health dept can tell you who they mailed letters to and when, what emails were received and when…hopefully call logs as well. 

If you can connect the seller to the lead abatement order then you can involve an attorney and perhaps the Ohio Division of Real Estate. 

Mind you we recently had a client whose LLC mailing address we never updated so their property tax invoices went unanswered meaning the inevitable late fees and foreclosure sheriff sale was missed as well. The owner learned of their error when the winner of the sheriff auction communicated with my property management company for us to remove our lockbox from the property.

I’m not excusing anything just saying it’s not impossible for a property owner to be blind. I would let the attorney advise your steps but definitely sounds like you have a case. 

Reach out if you want an attorney reference. 

Also, I have an Ohio Lead Abatement Contractor’s license so I am happy to read the rather long abatement order with you to see how expensive this may be. They range from $2-$20k in scope commonly. 

Never boring in real estate!

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LaPlante Real Estate
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  • Christian Maluo
    Real Estate Broker · Portland, OR · Member since 2025 · 81 posts · 43 votes
    1y

    Can you prove the seller knew about it? Was the home built before 1978? Is that something that should have been checked during your due diligence period? Is it mentioned within the standard offer language or disclosure statements? I'm a Realtor in a different state. We have a lead disclosure. The buyer has a right to test for lead. I'm wondering if the seller didn't know about and you didn't test, whether you'd have a leg to stand on. 

    1Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    1y

    How did they answer Question H on the Ohio Disclosure Form?

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  • Andrew FidlerBusiness Member
    Real Estate Broker · Toledo, OH · Member since 2011 · 384 posts · 434 votes
    1y

    @Matt Hassett - I have seen several properties sell with lead orders attached to them but this is the first I’ve heard of one being sold without disclosure. 

    I would start with your buying agent and the selling agent…make sure the brokers know sh*t just got real. Both parties should disclose if they had any details on the situation.  

    Is there a property manager involved? Another one to seek information from. 

    How did the seller register their property with Lucas County Rental Registry (that is another involved party). 

    Lastly the health dept can tell you who they mailed letters to and when, what emails were received and when…hopefully call logs as well. 

    If you can connect the seller to the lead abatement order then you can involve an attorney and perhaps the Ohio Division of Real Estate. 

    Mind you we recently had a client whose LLC mailing address we never updated so their property tax invoices went unanswered meaning the inevitable late fees and foreclosure sheriff sale was missed as well. The owner learned of their error when the winner of the sheriff auction communicated with my property management company for us to remove our lockbox from the property.

    I’m not excusing anything just saying it’s not impossible for a property owner to be blind. I would let the attorney advise your steps but definitely sounds like you have a case. 

    Reach out if you want an attorney reference. 

    Also, I have an Ohio Lead Abatement Contractor’s license so I am happy to read the rather long abatement order with you to see how expensive this may be. They range from $2-$20k in scope commonly. 

    Never boring in real estate!

    [email protected]419-410-3836
    LaPlante Real Estate
    WebsiteView Page
    5Reply
  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    1y

    Start looking for a great real estate attorney ASAP!

    Hopefully, the seller & the agents will work something out with you, but doubtful. 

    The listing broker's E&O insurance policy will probably come into play, but will require threatening letters from an attorney to be taken seriously.

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  • Christopher Sandys
    Member since 2023 · 92 posts · 60 votes
    1y

    Please see this website:

    Lead Prevention | Toledo Lucas County Health Department

    Expand the portion that says "Before Purchasing or Selling a Home."

    "DO NOT sell your home with known lead hazards without disclosing this to potential buyers.  This act is illegal."


    • DO NOT sell your home with known lead hazards without disclosing this to potential buyers. This act is illegal.
    • DO NOT sell your home with known lead hazards without disclosing this to potential buyers. This act is illegal.
    2Reply
  • Christopher Sandys
    Member since 2023 · 92 posts · 60 votes
    1y

    Could someone please provide a link to what, exactly, a "lead control order" is?  What triggers this?  How is the Health Department deciding which houses will receive this order?

    I wonder if this is the reason the house was sold.  It's not out of the question that the liability of this order may exceed the asset value.  

    0Reply
  • Remington LymanBusiness Member
    Real Estate Agent · Columbus, OH · Member since 2017 · 6k+ posts · 7k+ votes
    1y
    Quote from @Matt Hassett:

    We purchased our first rental in Toledo in December. A week ago our tenant received a notice to vacate due to Lead Hazard. We contacted Toledo-Lucas County Health Dept. and found out the property had a lead control order which was not disclosed by the seller when we purchased the property. Curious if we have any recourse with the previous owner at this point?


     You could probably consult an attorney to see if you do. If you can prove that they knew about it and did not disclose you can probably get awarded damanges. - fyi I am not an attorney and this is not legal advice

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