If you are considering being a For Sale By Owner think again...

Real Estate Agent with Berkshire Hathaway HomeServices 01238708

EPA Announces Lead Paint Enforcement Actions

If for some reason you thought it is OK to skip some of the Real Estate Disclosures, well think again. Here is a perfect example, where the Environmental Protection Agency is serious about cleaning up lead paint.

On March 12, the U.S. Environmental Protection Agency announced six settlements, totaling $287,000 and completed over the last year, regarding lead paint enforcement actions. Five of the settlements concerned the Renovation, Repair, and Paint Rule and involved four companies in California and one in Arizona.  The Renovation, Repair and Paint Rule requires certain notifications, certifications, work practices, and record keeping when making renovations to pre-1978 housing. 

 More information is available in the Q&A Lead-Based Renovation Rule.

The sixth settlement involved a California residential rental property firm for violation of the Real Estate Notification and Disclosure Rule, which requires that landlords, property managers, and real estate agents provide lead paint hazards notifications on pre-1978 housing. 

Keep in mind C.A.R. That is California Association of Realtor members can easily comply with the rule by providing the form “Lead-Based Paint and Lead-Based Paint Hazards Disclosure, Acknowledgement and Addendum for Pre-1978 Housing Sales, Leases, or Rentals” (C.A.R. Form FLD) and the “ Protect Your Family From Lead in Your Home” pamphlet available in the zipForm® California E-Pubs library and included in the printed “Combined Hazards Booklet.” Now if you are not a Realtor that is another story.

  More information is available in the Q&A Federal Lead-Based Pain Hazards Disclosures.

In the 
settlement, EPA’s Acting Regional Administrator for the Pacific Southwest said “Lead paint is one of the most common sources of lead poisoning in children.

 EPA’s diligent enforcement of federal lead paint laws is not only necessary to protect communities across the country, but also sures those who break the law are held accountable.”  Click on the link above to see the EPA announcement.

Now if you think you can sell your property as a For Sale By Owner, may I ask you to reconsider. Check out my post from yesterday about Fines Reference Bed Bugs. Now today’s post might push you to reach out to a Realtor in proper representation.


Clearly you might want to ponder this post and reconsider by reaching out to a Realtor!


If you are looking for a pet friendly Beverly Hills Realtor who can handle and sell the most difficult properties that no one else could, please reach out to me directly!! If you are considering buying or selling a home, a luxury home, luxury investment real estate, luxury vacation homes, or luxury beach properties in Southern California, Los Angeles, Century City, Westwood, West Hollywood, Beverly Hills, Marina Del Rey, Venice or Malibu, feel free to contact me at 310.486.1002 (m) or homes@endrebarath.com or visit one of my websites at http://www.endrebarath.com.  I contribute a portion of my commission to local animal rescue organizations.



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  1. Debe Maxwell, CRS 04/22/2018 07:37 PM
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Mary Hutchison, SRES, ABR
Better Homes and Gardens Real Estate-Kansas City Homes - Kansas City, MO
Experience Agent in Kansas City Metro area

Most FSBOs don't know what they are getting into..then rely on a buyer agent to do all the work!  Good information for a FSBO to think about, there is so much paperwork they have no clue about.

Apr 04, 2018 08:17 PM #22
Nathan Gesner
American West Realty & Management - Cody, WY
Broker / Property Manager

Just one of many reasons why a REALTOR is worth the price. Thanks for addressing the topic and opening some eyes, Endre!

Apr 04, 2018 08:28 PM #23
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

just wow.  I bet that gets overlooked most of the time when no agent is involved in the transaction.

Apr 04, 2018 08:41 PM #24
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Endre just about every FSBO loan I have done has been a challenge.  Things go much smoother when a Realtor is involved.

Apr 04, 2018 08:42 PM #25
Lauren Williams, CPO
Casual Uncluttering LLC - Woodinville, WA
Professional Organizer: Puget Sound homes

Endre Barath, Jr. Not being a Realtor, can I admit I had to drag myself away from the temptation to make far too many really awful jokes springing from your title? And yes, your message is critical, not just for sellers, but for buyers as well - the flip side to this is, of course, the potential for a buyer to buy with a damaging lack of information about the property. Let me tell you about my barn someday...

Apr 04, 2018 09:44 PM #26
Endre Barath, Jr.
Berkshire Hathaway HomeServices - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Dorie Dillard  I wrote another post yesterday and that is equally important when it comes to disclosures...there are so many disclosure that we keep our clients sheltered from liability and FISBO's should think twice, Endre

Apr 04, 2018 09:54 PM #27
Endre Barath, Jr.
Berkshire Hathaway HomeServices - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Lawrence "Larry" & Sheila Agranoff. Cell: 631-805-4400  you are absolutely right, Endre

Apr 04, 2018 09:55 PM #28
Debra Leisek
Bay Realty,Inc Homer Alaska - Homer, AK

As always a well written, thoughtful post with very good reason to not be a  FSBO

I dont drink anymore but I do like the idea of just going to the bar with  Michael Jacobs 

You can google the stats after a few drinks! Sounds fun!!

Apr 05, 2018 01:33 AM #29
Dorie Dillard CRS GRI ABR
Coldwell Banker United Realtors® ~ 512.346.1799 - Austin, TX
Serving Buyers & Sellers in NW Austin Real Estate

Good morning Endre Barath, Jr. ,

I'm so glad to see your post featured. When I read it yesterday I felt strongly it would be! You are right "there are so many disclosures that we keep our clients sheltered from liability and FSBO's should think twice!"

Apr 05, 2018 04:03 AM #30
Beth Atalay
Cam Realty and Property Management - Clermont, FL
Cam Realty of Clermont FL

Hi Endre Barath, Jr. , FSBOs are more concerned about not paying commission that they don't even think about what they're getting themselves into and how they can actually lose more money than they realize.

Apr 05, 2018 05:05 AM #31
Amanda S. Davidson
Amanda Davidson Real Estate Group - Alexandria, VA
Alexandria Virginia Homes For Sale

Endre, we had a buyer that fell in love with a FSBO last year. The seller was furious that we wouldn't provide them with the disclosure forms they needed to complete. I try to avoid showing FSBO's, they're never a smooth process.

Apr 05, 2018 05:33 AM #32
Eva B. Liland with Century 21 Doug Anderson
Century 21 Doug Anderson - Lancaster, CA
Glad to be of Service

In today's market it is easy to understand why a home owner would like to try to sell it themselves, not knowing the potential hazards they might place themselves in.

Apr 05, 2018 05:44 AM #33
Nick & Trudy Vandekar, 610-203-4543
Long & Foster Real Estate Inc 610-225-7400 - Devon, PA
Tredyffrin Easttown Realtors, Philly Main Line

Interesting and good that the EPA is taking these actions an enforcing these rules. We see some FSBO's and more listings by lax agents that don't include the lead paint disclosure. So, it is also important to select the right agent when listing your home.

Apr 05, 2018 06:17 AM #34
John Wiley
Right Move Real Estate Group- EXP Realty - Fort Myers, FL
Lee County, FL Real Estate GRI, SRES,GREEN,PSA

For Sale by Owners take heed to this important warning.

There are many different legal aspects that can not be overlooked with impunity.

Using a professional real estate agent can save a lot of headaches and money.

Great Post.

Apr 05, 2018 12:37 PM #35
Mary Jo Quay
Remax Results - Edina, MN

Good reminder post. A few years ago I sold a HUD duplex in October, and we all knew it was an early 1900s house. However, after HUD accepted an offer they decided that they had to remediate the paint. If the buyer went FHA there was no charge, but if they used a conventional loan there was a $2500 charge. We were ok with that.  Then, HUD sent us a notification that remediation would be delayed because Minnesota has a weather condition.  I replied, "Yes, Minnesota has a weather condition every October through March.  It is called winter." 

Apr 05, 2018 07:03 PM #36
Andrew Mooers | 207.532.6573
Northern Maine Real Estate-Aroostook County Broker

A lot of FSBO's are renegade lone wolves because over priced, too high expectation meant no one... themselves or with an army of agents it will sit, rot and die on the market stats waiting for a buyer that is not going to materialize. The forms, the legal requirements, one more reason to hire a professional but don't take the listing if it is priced too high to ever sell.

Apr 06, 2018 11:09 AM #37
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

This is just one more reason that sellers need a knowledgeable Realtor on their side. Congrats on the feature.

Apr 06, 2018 08:27 PM #38
Jon Quist
Tucson's BUYERS ONLY Realtor since 1996


Your posts are always informative and helpful. Why anyone would want to be a FSBO is beyond me, especially with all the legal risks involved. Lawyers must love FSBO's. In a hot market they look past the risks, only seeing the easy sale.

Apr 06, 2018 11:15 PM #39
Endre Barath, Jr.
Berkshire Hathaway HomeServices - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Gita Bantwal  we can only hope, Endre

Apr 06, 2018 11:24 PM #40
Fred Griffin
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

  Agree totally about the land mines that a FSBO is going to walk through.   

       I recently sold a 1964 house listed with a prominent real estate brokerage (I had the Buyer).   Neither the listing agent, listing broker, or Title attorney provided the Lead Paint disclosure.  At the closing table, I quietly slid the form across the table to the Title attorney.  He raised his eyebrows, nodded, then gave it to the Seller for her signature.

   We all need to be on top of our game when it comes to disclosures and notifications!

Apr 07, 2018 06:00 AM #41
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