HAND/Naca requiring lead tests prior to closing

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  • #74569
    nybuyer84
    Participant

    I got my required repairs list and NACA wants me to test for lead and get a lead abatement specialist to the tune of $25 000 for this older house that I want to buy. This is going to cost me the house most likely. The seller is never going to let me test for lead because once they do they have to disclose it. I got the lead disclosure from them stating that they have no knowledge of lead based paint. Any old house most likely has lead and old houses get bought and sold all the time without lenders requiring this. I am just a little confused and frankly discouraged about NACA after getting the required repairs list. Can I challenge this requirement?

    #74571
    Nelsont
    Member

    Check with your agent. This may be true but signing the disclosure changes everything. If they had just signed it you probably would not have had this condition unless the seller knows there’s lead and doesn’t want to disclose it.

    In some states it’s the law to sign the disclosure or the contract is voided.

    It can safely be assumed that houses from a certain time with no indication of remodeling or renovation contain lead. Therefore without a legal “affidavit” stating there is no lead to their knowledge then the sale can’t go through without confirmation.

    It falls in line with the health and safety standards. Chipping paint is one thing. Birth defects and chronic disease is another.

    • This reply was modified 6 months, 2 weeks ago by Nelsont.
    #74588
    TTrumble
    Member

    Hello nybuyer84,

    I never enjoy playing the “tough love” card, but we need to deal with the real issue here, a defeatist attitude. Your post seems to shout “I shouldn’t/can’t ever/don’t deserve to own a home”.

    You make several completely unfounded negative assumptions that conclude the deal will fall apart over the lead paint requirements even though you haven’t even presented the requirement to the current owner yet. I don’t know where the victim mentality is coming from here, but you cannot continue it. You need to get the lead paint test done and inform the present owner regardless of the results.

    Lead paint was banned in the United States in 1978 and some individual states banned it before that. So unless the present owner has owned the house for more than 42 years, he had to have the same certification done before buying the home. The this means the seller’s disclosure statement is probably legit. So why are you assuming the seller falsified it? (A crime, by the way.) You have no factual information on which to base the assumption.

    Likewise, I’m not sure where this $25,000 figure comes from. A professional lead paint inspection runs between $200 and $400 based on the square footage of the home. If the test does come back positive for some reason, the seller can have an encapsulation done by having it painted over with a special kind of paint. Full physical removal of the paint is often not required and encapsulation is much less expensive. Only a full on physical removal of the lead paint would wind up being anywhere near that expensive, and the burden for that is on the seller’s shoulders anyway.

    And in the unlikely event he really is trying to pull a fast one on you, why would you just walk away and let someone else be his victim? He either gets the remediation done or reduces the price of the home by the remediation cost. If he resists, you file a criminal complaint.

    In either case, lead based paint is a major health and safety issue that cannot be ignored, nor can the requirement be waived. This is exactly why we require inspections on every home that is sold through the NACA program. You deserve to buy a home that is safe, free of health hazards and in a condition that will ensure you aren’t surprised by unanticipated repairs for many years to come.

    Get the evaluation done, deal with it in whatever way is necessary, and get on with buying the home you want and deserve.

    Tim Trumble
    Online Operations, NACA

    • This reply was modified 6 months, 2 weeks ago by TTrumble.
    • This reply was modified 6 months, 2 weeks ago by TTrumble.
    • This reply was modified 6 months, 2 weeks ago by TTrumble.
    #74600
    nybuyer84
    Participant

    @TTrumble

    Thank you for your input. The deal did fall apart because of this requirement. The owner didn’t want to deal with the hassle or come down on the price.

    The figure is from both NACA’s estimate and my independent estimates from speaking with companies that deal with lead abatement. And no, $25 000 is not the price to have EVERYTHING removed like HAND wanted me to do. It’s probably more. They wanted every painted surface in the home inside and outside tested and abated. Trims, doors, siding, etc. One company quoted me that price to only remove loose paint and encapsulate the rest.

    I never said the owner knows there’s lead in the house. It’s a 130 year old house. I made an educated guess that when a lead inspection is done (Inside and outside required by HAND, even though there was no peeling paint inside) it would show up somewhere. My point stands, it’s an unreasonable requirement and of course it’s NACA’s business how they run HAND but yes to summarize the deal fell through because I don’t have $25 000 to spend on lead abatement and the seller was not taking that on.

    Thanks

    #74606
    janusz121
    Participant

    its interesting

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