IMPORTANT: It is a violation of real estate license law in many states and a violation of company policy to complete a sellers disclosure or lead based paint disclosure on behalf of your client. Completing the form exposes you to unnecessary risk, You could get sued personally and subsequently E and O insurance would not cover this type of mistake. If a seller was to get sued because of the content in a sellers disclosure and they didn’t fill out the disclosure, then who would the responsibility fall on?
Lead based paint disclosure or Lead based paint disclaimer. A lead based paint disclosure is not required if the home is built in 1979 or later. I like to provide a lead based paint acknowledgement for a seller to sign to confirm that a home was built 1978 or later. What if a home was built in 1977 (and was a model for 3 years), and certificate of occupancy provided in 1980? The lead based paint acknowledgement confirms the year built by the seller and reduces your liability.
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