The wrong way to deal with lead

June 1st, 2008 | by admin |

Not to get too political, but I do not think that “Don’t ask, don’t tell” is a good policy. It does not work in the military; it does not work in home buying.

The place where home buyers get hit with “Don’t ask, don’t tell” is in regard to lead paint. Lead paint was used in housing for a long time. Why? Because it lasts longer; it was the good stuff! It stopped being made in 1978 for housing. However, some of the paint was still around for years to come. Lead paint shows up on the exterior, the windows and on painted stairs and floors. Most disclosures presented to buyers at the point of offer say the seller does not know if there is lead paint because the house was never tested. “Don’t ask, don’t tell.” The nicer the old house, the more likely there will be lead paint someplace.

There is a lead paint law in our Commonwealth. That law is the model for laws all over the country. However, this law does not require that a homeowner test their home for lead paint, only to disclose test results and certificates if they have them.

Buyers have the right to test a home for lead paint during the 10-day period after an offer is accepted. However, this testing is expensive (some hundreds of dollars, depending on the size of the property). Then, if you choose to delead, you have an expensive job ahead of you. Lead remediation involves removal of all surfaces that rub to make lead dust. Also removal or covering of lead paint on surfaces a child can get his or her mouth around up to five feet high. Repair of chipped paint above five feet. This is done as a hazardous-waste removal project, with all lead paint areas covered in two layers of plastic sheeting to keep the dust from getting into the air. It takes a long time; it costs.

No one must check a home for lead paint. No one will be forced to make a home lead-safe until a complaint is filed.

RONA FISCHMAN

Seller beware: Not all brokers are alike A cautionary tale. Sellers, be very careful who you hire!

I am working with a lovely couple from the Midwest who are buying a retirement home in this area. I am showing them about eight properties a day for the week, then they will decide what to buy.

There is a building that they like. There are four condos for sale there. There are four agents selling them. Tuesday, I called for appointments to show these condos on Thursday.

One broker didn’t call me back. When I called her a second time, she yelled at me because she couldn’t find me in MLS, she didn’t hear my phone number properly, I must leave it twice (I always do that!), and she has no time to show the property. She had someone else on the line . . . she hung up. She called back a few minutes later to tell me the condo is old and ugly; relocators won’t like it. This condo has been on sale for 203 days.

The next one works half an hour away. He’s been really nice, but can’t find the time to show this unit. Not Thursday, not Friday, not Saturday. This condo has been on sale for 716 days.

The third one, we saw today. The broker was lovely, friendly, cooperative, but didn’t know much about the complex. This condo has been on sale for 251 days.

The fourth one we will see tomorrow. The agent and I figured out a time that works for all of us. She told me that there is a lot of interest in this unit. This unit has been on sale for 27 days. Average time on the market for sold condos there was 34 days for the last 6 months, and 66 days over the past year.

RONA FISCHMAN

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