Listing & Showing

These laws address environmental and discrimination issues.

February 8, 2012

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  Disclosure of Lead-Based Paint in the Home

Summary:
The presence of lead-based paint must be disclosed in sales and lease transactions involving pre-1978 residential properties. Real estate professionals are required to 1) obtain information from a seller regarding the known existence of lead-based paint in a home, and 2) provide information regarding the hazards of lead-based paint in the home.

Regulators:
U.S. Environmental Protection Agency
U.S. Department of Housing and Urban Development

Original statutory authority:
“The Residential Lead-Based Paint Hazard Reduction Act of 1992,” Public Law No. 102-550

Penalties:
Warnings and monetary fines imposed on real estate professionals who fail to obtain information on presence of lead paint in home and disclose that to buyers.

More information:
NAR Field Guide to Lead-Based Paint

This summary is not a comprehensive analysis of how the law applies to you.  Consult a qualified real estate attorney to determine how the federal law and laws in your state impact you in this area.

 

  Fair Housing Act

Summary:
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).

Regulator:
U.S. Department of Housing and Urban Development

Original statutory authority:
“Civil Rights Act of 1968,” Public Law 88-352

Penalties:
Contingent on court award

More information:
NAR Field Guide to Fair Housing

This summary is not a comprehensive analysis of how the law applies to you.  Consult a qualified real estate attorney to determine how the federal law and laws in your state impact you in this area.

Robert Freedman

Robert Freedman is the former director of multimedia communications at NAR.