Lead Hazard Control Order not disclosed by Seller

[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?

[Andrew Fidler]

@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!