§ 5-20.8-11 - Lead inspection requirement.

SECTION 5-20.8-11

   § 5-20.8-11  Lead inspection requirement.– (a) Every contract for the purchase and sale of residential real estate (1-4family) built prior to 1978 located in the state shall provide that potentialpurchasers be permitted a ten (10) day period, unless the parties mutuallyagree upon a different period of time, to conduct a risk assessment orinspection for the presence of lead exposure hazards before becoming obligatedunder the contract to purchase.

   (b) Failure to include the provision required in subsection(a) of this section in the purchase and sale agreement for residential realestate does not create any defect in title; provided, that each violation ofthis section by the seller or his or her agent is subject to a civil penalty ofnot less than one hundred dollars ($100) nor more than five hundred dollars($500).

   (c) Failure to provide inspection results and/or educationalmaterials pursuant to department regulations required by § 23-24.6-16(a)does not create any defect in title; provided, that each violation of thissection by the seller or his or her agent is subject to a civil penalty of notless than one hundred dollars ($100) nor more than five hundred dollars ($500).

   (d) Failure to include the purchase and sale agreementprovision required in subsection (a) of this section, failure to provideinspection results pursuant to § 23-24.6-16(a), or inspection resultswhich show a lead exposure hazard as defined at § 23-24.6-4(12) entitlethe purchaser to void the purchase and sale agreement by providing notice, inwriting, to the seller prior to the transfer of the title at closing.