Property
Disposition Program U.S.
Department of Housing OMB
Approval No.2502-0306
LEAD-BASED
PAINT DISCLOSURE and
Urban Development (Expires
11/30/2013)
ADDENDUM
TO SALES CONTRACT Office
of Housing
SELLER
HAS NO
PERTINENT
RECORDS
Federal
Housing Commissioner
Public reporting burden for this collection of information is estimated to average 6 minutes each for the Purchaser and the Broker, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This information is required to obtain benefits. HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. This information is required in order to administer the HUD Lead Disclosure Rule (24 CFR Part 35). If this information were not collected, HUD would not be able to administer the Property Disposition Sales |
Program properly to avoid waste, mismanagement, and abuse. The information will be retained by the Department as part of the transaction record for a property disposition action. Failure to provide this information could affect your participation in the HUD Homes program. Warning: Falsifying information on this or any other form of the Department is a felony. It is punishable by a fine not to exceed $250,000 and/or a prison sentence of not more than two years. Failure to adhere to the residency and resale requirements may result in administrative sanctions being taken against the purchaser. |
Privacy Act Notice: The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the information requested in the form by virtue of Title 12, United States Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. While no assurance of confidentiality is pledged to respondents, HUD generally discloses this data only in response to a Freedom of Information Act request.
LEAD-BASED PAINT DISCLOSURE ADDENDUM
SELLER
HAS NO
RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT AND/OR
LEAD-BASED
PAINT HAZARDS
P
roperty
Case #: Property
Address:
L
ead
Warning Statement
Every Purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the Purchaser with any information on lead-based paint hazards from risk assessments or inspections in HUD’s possession and notify the Purchaser of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
Inspection Contingency
Seller has no knowledge and no records or reports pertaining to lead-based paint and/or lead-based paint hazards. The Purchaser has a contingency period that expires fifteen (15) calendar days from the date the contract is accepted by HUD to conduct at the Purchaser's expense, an independent lead-based paint inspection, visual assessment for deteriorated paint or risk assessment. The Purchaser may withdraw from the contract by providing written notice of withdrawal on or before the contingency expiration date (as evidenced by the postmark on the Purchaser's notice of withdrawal). The Purchaser will be entitled to a refund of earnest money only if the Purchaser obtains an independent lead-based paint inspection performed by a Certified Lead-Based Paint Inspector or Risk Assessor, and the Purchaser provides HUD with a copy of the inspection report.
Financing Type (Selling Broker to initial applicable clause)
______ No FHA Financing of Property constructed Prior to 1978: The purchase of this property is not being financed with an FHA insured loan. The Purchaser has an inspection contingency that expires 15 days from the date of the Purchaser's signature below. The property is being sold as is with respect to all conditions including, subject to the above contingency, the potential presence of lead-based paint and/or lead-based paint hazards.
Any FHA Financing Except 203(k): This property is being sold subject to FHA insured financing
under any program other than a 203(k) Rehabilitation Mortgage. Upon contract execution HUD will procure a lead-based paint inspection and will deliver the inspection report to the Selling Broker by overnight delivery service along with a paint stabilization plan and cost estimate if deteriorated lead-based paint is found and a supplemental Lead-Based Paint Disclosure Addendum.
The Purchaser shall have the right to review the inspection report, paint stabilization plan and cost estimate.
If deteriorated lead-based paint was identified in the Report, HUD will only perform stabilization if the cost estimate is $4000.00 or less. If the cost estimate is greater than $4000.00, HUD at its sole discretion may: (1) cancel the sales contract, or (2) allow the purchaser to amend the contract financing to FHA 203k or conventional. In the event that HUD cancels the sale, the purchaser will be entitled to a 100% refund of earnest money.
If the cost estimate is $4000.00 or less and the Purchaser is dissatisfied with the information provided, the Purchaser may withdraw from the contract and receive a full refund of earnest money by providing written notification to HUD of the intention to withdraw. Written notification must be postmarked by the latest of fifteen (15) calendar days from the date the contract is accepted by HUD or two (2) business days following the date of the Purchaser’s signature on the supplemental Lead-Based Paint Disclosure Addendum.
If deteriorated lead-based paint was identified in the inspection Report and the Purchaser does not exercise its option to withdraw from the sales contract, HUD will stabilize the deteriorated lead-based paint in accordance with the stabilization plan and obtain lead clearance by the close of the escrow period or any extensions thereof.
FHA 203(k) Financing: This property is being sold subject to a 203(k) Rehabilitation Mortgage. Upon
contract execution HUD will procure a lead-based paint inspection and will deliver the Report to the Purchaser by overnight delivery service along with a lead-based paint stabilization plan if deteriorated lead-based paint is found and a supplemental Lead-Based Paint Disclosure Addendum.
The Purchaser shall have the right to review the inspection report, paint stabilization plan and cost estimate. If the Purchaser is dissatisfied with the information provided, the Purchaser may withdraw from the contract and receive a full refund of earnest money by providing written notification to the Seller of the intention to withdraw. Written notification must be postmarked by the latest of fifteen (15) calendar days from the date of the Purchaser's signature below, or two (2) business days following the date of the Purchaser's signature on the supplemental Lead-Based Paint Disclosure Addendum.
If deteriorated lead-based paint was identified in the Report and the Purchaser does not exercise its option to withdraw from the sale contract, the Purchaser shall stabilize the deteriorated lead-based paint as part of its work plan for the property rehabilitation and shall obtain lead clearance before occupancy. Purchaser shall complete the 203(k) Rehabilitation Financing Lead Agreement form HUD-9548-G.
Purchaser Acknowledgement (initial)
Purchaser has received the pamphlet "Protect Your Family from Lead in Your Home."
_____ Purchaser has received a 15-day opportunity to conduct a inspection or risk
assessment for the presence of lead-based paint and/or lead-based paint hazards.
Selling Broker Acknowledgement (initial)
______ Selling Broker is aware of his/her responsibility to ensure compliance with 42 U.S.C. 2852d.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.
(Purchaser) , 20 (date)
(Co-Purchaser) , 20 (date)
(Selling Broker) , 20 (date)
(Seller) , 20 (date)
Page
(4/5/2013)
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
Author | Brown, Venida B |
File Modified | 0000-00-00 |
File Created | 2021-01-14 |