Home inspector lead disclosure: what sellers, landlords and agents must do practice questions

1. A seller of a 1962 house has never had it tested for lead. The buyer's friend says the seller must have a lead inspection done and fix any hazards before the buyer signs. What does 745.107(a) say about this?

• A. The seller must have a lead-based paint inspection done before listing the house
• B. Nothing in 745.107 implies a positive obligation on the seller or lessor to conduct any evaluation or reduction activities
• C. The seller must complete reduction of any hazards within 10 days after the contract
• D. The seller must order a risk assessment if the purchaser asks for one

2. A seller is putting together the lead disclosure packet for a buyer. Under 745.107(a)(1), which of these may be given as the required lead hazard information pamphlet?

• A. A lead safety brochure written by the listing agent's brokerage
• B. A State home inspector licensing handbook
• C. A copy of a lead-based paint inspection report prepared for the property
• D. An equivalent pamphlet that has been approved for use in that State by EPA

3. A seller in multifamily target housing has an available report on lead-based paint in the building's hallways and stairways. Under 745.107(a)(4), how is that report treated?

• A. It is part of the records or reports the seller shall provide to the purchaser, because the requirement includes records or reports regarding common areas
• B. It is kept by the seller, because only reports on the unit being sold must be provided
• C. It is sent to EPA instead of to the purchaser
• D. It is given only if the purchaser asks for it in writing

4. A purchaser makes an offer on target housing before the seller has given the required disclosures. What does 745.107(b) require the seller to do?

• A. Accept the offer first and give the disclosures within 10 days
• B. Give the disclosures at closing together with the deed
• C. Complete the required disclosure activities before accepting the offer, and allow the purchaser an opportunity to review the information and possibly amend the offer
• D. Reject the offer and ask the purchaser to make a new one after an inspection

5. Under 745.107(a)(3), what must the seller or lessor disclose to each agent?

• A. The presence of any known lead-based paint and/or lead-based paint hazards and the existence of any available records or reports pertaining to them
• B. Only whether the housing was built before 1978
• C. Only the results of a risk assessment the seller ordered for the sale
• D. The purchaser's offer price and financing terms

6. A listing agent finds that the seller of a 1955 house knows nothing about the federal lead disclosure duties. To ensure compliance, what does 745.115(a) say the agent shall do?

• A. Have a lead-based paint inspection done before the house is listed
• B. Report the seller to EPA and take no further part in the disclosure
• C. Inform the seller of his/her obligations under 745.107, 745.110 and 745.113, and ensure the seller has performed the required activities or personally ensure compliance
• D. Wait until the purchaser asks about lead before raising the subject

7. An agent has complied with 745.115(a)(1). The seller knew of lead-based paint hazards, did not tell the agent, and did not disclose them to the purchaser. What does 745.115(b) say about the agent?

• A. The agent is liable in the same way as the seller
• B. The agent shall not be liable for the failure to disclose hazards known by the seller but not disclosed to the agent
• C. The agent is liable unless EPA excuses the agent in writing
• D. The agent is liable only if the agent signed the contract attachment

8. Before signing, a buyer and seller of target housing put in writing that the buyer will have 14 days, not 10, for a lead risk assessment or inspection. What does 745.110(a) say about the evaluation period?

• A. A period other than 10 days is allowed only with EPA's approval
• B. The period may be shortened by agreement, but never lengthened
• C. The period is always exactly 10 days, whatever the parties agree
• D. It is a 10-day period unless the parties mutually agree, in writing, upon a different period of time

9. A cash buyer of a 1950s house plans to strip and repaint every room and does not want a lead risk assessment or inspection. What does 745.110(b) say the buyer may do?

• A. Waive the opportunity to conduct the risk assessment or inspection by so indicating in writing
• B. Skip the evaluation only if the seller agrees to lower the price
• C. Nothing; the risk assessment or inspection must be done before closing
• D. Ask EPA to grant a waiver of the evaluation

10. A seller's agent is preparing the sales contract attachment for a house built in 1950. Which sentence is part of the Lead Warning Statement that 745.113(a)(1) requires?

• A. Lead poisoning poses a risk only to children under 6 years of age.
• B. Lead poisoning in young children is always temporary.
• C. Lead-based paint in good condition must be removed before closing.
• D. Lead poisoning also poses a particular risk to pregnant women.

11. A seller has no records or reports on lead-based paint or hazards in the housing. What does 745.113(a)(3) say the seller shall do on the attachment?

• A. Leave the records list off the attachment
• B. Have an evaluation done so that a report can be listed
• C. So indicate, since no such records or reports are available
• D. Ask the agent to sign the list in place of the seller

12. In the sales attachment, 745.113(a)(2) is the seller's disclosure statement and 745.113(a)(3) is the list of available records or reports. What does the purchaser's statement required by 745.113(a)(4) affirm?

• A. Completion of a lead-based paint inspection of the housing
• B. Receipt of the information set out in 745.113(a)(2) and (3) and the lead hazard information pamphlet
• C. Receipt of a lead-based paint free certificate from the seller
• D. Payment for a risk assessment ordered by the seller

13. Whose signatures does 745.113(a)(7) require on the sales attachment?

• A. The sellers, agents, and purchasers, certifying to the accuracy of their statements to the best of their knowledge, with the dates of signature
• B. The seller only, with the date of signature
• C. The seller and an EPA representative
• D. The purchaser and the home inspector who examined the property

14. How does 745.113(b) say the required elements must be included in a contract to lease target housing?

• A. Only as a separate attachment, always written in English
• B. As an attachment or within the contract, in the language of the contract
• C. In a separate letter given after the lessee moves in
• D. In a notice filed with EPA instead of in the contract

15. A landlord is drafting the Lead Warning Statement for a lease of a 1965 apartment. Which sentence does 745.113(b)(1) put in that statement?

• A. Lessees must be given a 10-day period to conduct a risk assessment or inspection.
• B. Lessors must have the unit inspected for lead before each new lease.
• C. Lessees must sign a waiver of lead testing before moving in.
• D. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

16. A lessor and lessee sign a two-year lease of a 1960 apartment, and the leasing period begins July 1, 2026. Under 745.113(c)(1), the lessor keeps a copy of the completed lease disclosure for no less than 3 years counted from when?

• A. From June 30, 2028, when the leasing period ends
• B. From the day the lessee moves out
• C. From July 1, 2026, the commencement of the leasing period
• D. From the day the lessor first advertised the unit

17. A purchaser's attorney, paid entirely by the purchaser, fails to pass the disclosure materials on to the purchaser. All required parties completed and signed the certification and acknowledgment language. What does 745.113(d) say?

• A. The seller, lessor, or agent shall not be responsible for that failure
• B. The seller is responsible and must repeat the disclosure
• C. The seller's agent is responsible for the attorney's failure
• D. The sale must restart with a new 10-day period

18. On EPA's page about real estate disclosures, what must be obtained when the disclosure is given electronically?

• A. A paper copy signed by an EPA official
• B. A notarized statement from the seller's agent
• C. Approval from the State home inspector licensing board
• D. Consent from the renter or buyer to show they can access the forms electronically

19. Under 745.118(e), failure or refusal to comply with 745.107, 745.110, 745.113 or 745.115 is a violation of which laws?

• A. The Clean Air Act and the Clean Water Act
• B. The Fair Housing Act only
• C. 42 U.S.C. 4852d(b)(5) and TSCA section 409 (15 U.S.C. 2689)
• D. Each State's home inspector licensing law only

20. A city ordinance requires sellers to give an extra local notice about known lead-based paint. What does 745.119 say about the federal subpart and that ordinance?

• A. The federal subpart replaces the local notice requirement
• B. Nothing in the subpart relieves the seller, lessor, or agent from responsibility for complying with it, and neither HUD nor EPA assumes responsibility for ensuring compliance with it
• C. EPA ensures that sellers comply with the local requirement
• D. Only the agent, not the seller, must comply with the local requirement