The paint on the outside of our home is peeling in many areas after a few big rains, who is responsible for fixing the poor paint job?

Asked by First Time Home Owner, Redlands, CA Sun May 13, 2012

we have only been living in the house for about 2 months are we really concerned, since the home is 100 years old and the expense of having a qualified lead base paint expert repaint the house just isn't something we were ready to invest in. Specially since we paid a large amount to have the house inspected for lead base paint, because we have children that are medically fragile.

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5
Roland Vinya…, Agent, Sprakers, NY
Sun May 13, 2012
BEST ANSWER
Because the paint is peeling does NOT automatically mean there is lead in it. More likely, the peeling probably results from moisture in the home escaping through the walls, then sort of forcing the paint off when it reaches the surface. It is a common problem with older homes and is not always easy to fix. Better paint could be a fix. Stain would work, but you cannot apply that over paint. Vinyl siding will "cure" the appearance concerns. A better cure would be to put up a moisture barrier just under the sheetrock. It probably isn't the least bit practical to retrofit a home this way, but that way the moisture goes straight up and does not penetrate the walls. Vinyl siding would trap it inside the walls where it could eventually lead to rot. These are complex problems to ascertain and it is often difficult to find a practical and affordable solution.

If it is indeed a poor paint job, I would contact the man who paid for it and see if he can get the contractor back to make it good for you. But it will be hard to prove it is the contractor's fault and he may well balk about doing a free repainting.
1 vote
Tara Talvin, , Redlands, CA
Tue May 22, 2012
I understand your concern for your family although it was your responsibility (and your agent should have also encouraged you) to have a home inspection as well as cite the issues such as this as a contingency to buying your home. This would have protected you, and the health of your family members. This is a very crucial issue when you are considering purchasing an older home....and especially a 100 year old home!
You now own the home and the issue of the paint at this point. You are responsible as a buyer to do "due diligence". If you were looking into purchasing a 100 year old home, and you have children with medical issues, you should have done your research. I also assume that you were aware of the issue with the paint in the disclosures you received from the seller. This would be the only point of concern and "hole" in the fact that you are ultimately responsible.
If you did not receive a disclosure about the paint from your seller, you may have a litigious option. Speak to an attorney, as only they can give you legal advice.
1 vote
Hi Tara,
Thanks for your replay. We did have a home inspection and paid separately for a lead based inspection. The home was recently painted (less than a year ago). We did do our research, but also please know that disclosure were not given to us until we requested them after learning from this website that we should have received them soon after putting in an offer. We were already in escrow, and close to closing when we learned about the disclosures.
One of them being the lead based paint, we did not sign off on this disclosure as we paid a professional to do an inspection. The disclosure was the one that stated that any home build before a certain period of time could contain lead etc.
Sorry I am not as clear as I would like to be with my words. I do feel that it would be our responsibility if the house was not just recently painted and it would be as a result of time etc. but I feel since it was just recently painted it should last longer than this.
Flag Wed May 23, 2012
Ron Thomas, Agent, Fresno, CA
Sun May 13, 2012
I would assume that the paint was not peeling at the time of Inspection?
From I have seen on TV, if they specifically inspected for Lead Paint, then they GUARANTEED that there was no lead paint.
If there is, indeed, lead paint, then you have recourse against that company; but you probably do not have recourse against the Seller.

Good luck and may God bless
1 vote
Yes, your assumption is correct. They checked the inside and outside of the house (took many samples). I will contact the company that did the lead based testing and inquire or seek advice like I am doing here.
Flag Sun May 13, 2012
Darrell D. D…, Agent, Schertz, TX
Sun May 13, 2012
So did the large amount of money you paid to inspect for lead based paint reveal it was present in the exterior paint? Typically, paint is a cosmetic item, like caulk, that is the responsibility of the homeowner. Regardless of the expense for abatement and re-painting, the homeowner would likely be responsible to bear the burden for this expense.
1 vote
Yes, in the exterior paint, which the inspector said would be expected because of the age of the house. Yet, there was no concern as there was no paint chips or peelings at that time. I understand being responsible to repaint as homeowners if that was something that we knew we would need to do. But with the house just being painted, that was not an expense we were expecting specially so early. It will be a very expensive job as we are to hire certified people that work with lead based paint etc. Just wondered what we should do, if we are responsible then we get it done, just seeking advice.
Flag Sun May 13, 2012
Jacques Ambr…, Agent, Forest Hills, NY
Sun May 13, 2012
If you are saying that the inspector did not reveal that you had lead based paint, you should contact an attorney as the inspector may be at fault
0 votes
No, the inspector did reveal that lead was found in the exterior of the house. But since the paint was new/fresh paint and there was no chipping or peeling we did not have to worry about lead exposure.
Flag Sun May 13, 2012
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