Lead can poss a heath risk, their health is more important that you perceived problem.

I think your question was answered below. They are great answers. But I wanted to make an extra comment here if you do not mind? : )

The process of a Seller waiting for the results of Home Inspections is incredibly stressful. Many Buyers do not take this into consideration. They have their own things to worry about. But take a step back. There are a few points you may want to think about regarding a buyer doing every possible inspection known to man-kind. And there is a way to diffuse emotional reactions to a buyer who is very very detail oriented regarding these Home Inspections.

1) Understand and Sympathize: The buyer is nervous too! They have heard horror stories about "Shady Sellers". They have watched "The Money Pit" like 1 million times. They are extra sensitive and often on the defensive when going into a purchase. They feel that they can not afford to make a mistake. Buying and selling a home is the largest financial transaction an average person will ever do in their entire life. It is a big deal.

2) Money Ain't Free: The buyer is spending extra money on all of the inspections. That money is not going to come back to them no matter what. That must mean they are looking for something of significant value in return. People do not spend money just to play games. (Dave and Busters is the exception of course.) They get independent Home Inspections with the expectation that they will receive solid information. Buyers typically do not want to sabotage as much as test the product they are buying. Mind you the procedure may feel more like root canal to the seller. It is something that the buyer must do out of due diligence.

3) You've Got The Power: The seller can reject the results of the inspection as well as refuse to correct or address anything that comes up on the inspections as the agreement of sale stipulates. If you can not come to a mutual agreement regarding the inspections then you and the buyer can end the deal.

4) What is Done in Secret will be Brought into the Light: What I mean by that is Disclose! Disclose! Disclose! is as important as Location! Location! Location! when it comes to Real Estate. Whatever you know about the property, good bad or ugly, disclose it! Whatever comes out about the property through inspections must be disclosed to future buyers if the deal never settles. Reveal everything and less harm will be done than if you do not disclose the truth about your property. Honesty will negate post settlement legal action. I do not want you to loose in the end!

The Federal Government states that:

Sellers MUST provide home buyers a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. Home BUYERS may waive this inspection opportunity.

http://www.hud.gov/offices/lead/enforcement/disclosure.cfm

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*** Talk with an Attorney before you the Seller deny a Buyer the right to inpsect for Lead Paint ***

A Seller who denies the Buyer this right, may be in serious violation of Federal Law.
The Seller may also face Civil Action (Lawsuit).


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Best wishes,
Fred
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Did the buyer specify in the Agreement of Sale that they would be doing a lead paint inspection?

If they waived the inspection, they may not perform one without an addendum to the Agreement of Sale. If you do not agree to the Lead Paint Inspection, you may refuse to permit it. Furthermore, if it was waived in the original agreement, the buyer cannot use your refusal as a basis to terminate the agreement.

I remind you that all changes to the agreement of sale must be done in writing and they are not enforceable until endorsed by both parties to the agreement.

Hope that helps and best of luck.

Joe Sheehan
RE/Max Professional Realty, Inc.
Exton, PA 19341

Jujajo

No. The seller can not get out just because he doesn't like the inspections being performed by the buyer. The buyer can inspect to his hearts content within the agreed upon inspection period. If the buyers requests that the seller repair or remediate some condition the Seller can refuse. It will then be up to the buyer to either continue or cancel the contract. The seller can only cancel if the buyer does not perform under the contract as agreed. Furthermore if during the course of this contract you the seller become aware of a previously unknown material defect, you then have a legal obligation to disclose that defect. You are not required to remediate but you must disclose.

Fran and Mark Redding
Prudential Fox & Roach, Realtors
1010 Stonyhill Road
Yardley, PA 19067
215-208-7169 Cell
215-504-7500 Office
21-321-3307 Direct

Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X, to protect families from exposure to lead from paint, dust, and soil.

Section 1018 of this law directed HUD and EPA to require the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.
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*** You the Seller have Serious Legal Responsibilities regarding the sale of a pre-1978 house:

http://www.hud.gov/offices/lead/enforcement/disclosure.cfm



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Best wishes to you,
Fred
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Most any home built before 1978 has lead paint in it and a disclosure is given every time. So if your home was built prior to 1978, it is a given fact and already disclosed that the home may have lead paint. That's federal law.

Terrence Charest, e-Pro®
REALTOR®
Century 21 Associates
905 Easton Road
Willow Grove, PA 19090
Cell (Preferred): 877.614.1494
Office: 215.659.5250
Fax: 215.659.5550
http://www.HomesForFreedom.com
tcharest@HomesForFreedom.com
“Giving to Those Who Gave”