Randy Hilman, Associate Broker, What Matters to You, Means Everything to Me! (Randy Hilman Homes)

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Rainmaker
2,971,601
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

As far as I know, if there is a structure built prior to 1978 on a property you are selling, it needs a LBP disclosure.

Jan 14, 2016 08:07 PM
Rainmaker
1,648,677
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker and Attorney Licensed in DC, MD, VA,

Better safe than sorry - the fact it is uninhabitable will probably trump the fact that it has lead paint in any buyer's mind so I don't think the possibility of lead paint will discourage any offers. 

Jan 14, 2016 09:33 PM
Rainmaker
3,238,750
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

I follow what the law and my office require.   

Jan 14, 2016 09:32 PM
Rainmaker
4,866,933
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

if there's a structure there, it needs a disclosure, even if the buyer says the structure will be knocked down.... he may change his mind!!

Jan 14, 2016 10:01 PM
Ambassador
1,962,828
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

I woud include it. 

Jan 14, 2016 09:31 PM
Rainmaker
3,164,953
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Built before 1978, disclose! It is the law!

Jan 14, 2016 09:26 PM
Rainmaker
679,899
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Was it built before 1978? Disclosure is in order.

Jan 14, 2016 09:16 PM
Rainmaker
79,943
Linda Guess
Keller Williams Tri-Lakes Branson, MO - Branson, MO
Branson area real estate sales.

Disclosing is easy.  Just do it then there is no problem.  Always disclose.

Jan 14, 2016 09:02 PM
Rainmaker
416,796
Greg Cremia
Shore Realty of the Outer Banks - Nags Head, NC

This is a federal law and you need the disclosure. 

Jan 14, 2016 08:51 PM
Rainmaker
1,237,982
Raymond E. Camp
Howard Hanna Real Estate Services - Ontario, NY
Licensed Real Estate Salesperson Greater Rochester

I also would say disclose it if it can be rehabbed!

Jan 14, 2016 08:47 PM
Rainmaker
2,423,261
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Any improvement on land that has a story has to be told

Jan 14, 2016 11:02 PM
Rainmaker
3,049,771
Tony and Suzanne Marriott, Associate Brokers
BVO Luxury Group @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

If one has to ask whether to disclose...the answer almost always is...DISCLOSE!

Jan 14, 2016 10:11 PM
Rainmaker
120,276
Randy Hilman, Associate Broker
Randy Hilman Homes - Moultonborough, NH
What Matters to You, Means Everything to Me!

Hi all:  Good answers, everyone.  It does seem to me that calling a sale "land only" does not somehow erase the responsibility of sellers to disclose potential hazards, including those that may be posed by the presence of a dwelling, ramshackle and uninhabitable though it may be.   Disclosure, I believe, is the prudent thing to do, even though it may not be technically required, although I have not heard authoritatively yet whether it is or isn't.  I have sent a message to my state association's legal counsel for an opinion on how best to handle this scenario and will be happy to share it, when I receive a reply.  In the meantime, though, if we're all pretty much guessing, the one answer that it is better to be safe than sorry probably is the the most sensible.

 

Jan 14, 2016 09:46 PM
Rainmaker
1,366,727
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Randy Hilman, Associate Broker, GRI, CBR To my knowledge, if there is a home on the property built before 1978 a Lead Based Paint disclosure is required.

Jan 14, 2016 09:36 PM
Rainmaker
1,402,295
Kat Palmiotti
Grand Lux Realty, Monroe NY, 914-419-0270, kat@thehousekat.com - Monroe, NY
The House Kat

I don't know what the "right" answer is, but I think a lead disclosure is required for any building. If it could be inhabitable with work and was built prior to 1978, I'd provide.

Jan 14, 2016 08:01 PM
Rainmaker
4,796,451
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I'm not an attorney, as I think this would be an attorney question.  Though, my guess would be yes, this would be required.

Jan 15, 2016 03:05 AM
Ambassador
3,673,422
Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

When is the last time anyone got into trouble for too much disclosure?  I'd say include it.

Jan 15, 2016 02:37 AM
Rainmaker
4,310,365
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Randy,

When in doubt disclose, when not in doubt disclose.  A

Jan 15, 2016 02:02 AM
Ambassador
1,490,716
John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

Nina Hollander has this one.

Jan 15, 2016 01:47 AM
Rainmaker
724,099
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Lead disclosure is pretty serious, best to be on the safe side.

Jan 15, 2016 01:31 AM
Rainmaker
2,891,714
Richard Weeks
Dallas, TX
REALTOR®, Broker

Disclose.  Can't get into trouble for over disclosing.

Jan 14, 2016 11:55 PM
Ambassador
3,041,741
Paul S. Henderson, REALTOR®, CRS
RE/MAX Northwest. - Tacoma, WA
Tacoma Washington Agent/Broker & Market Authority!

It never hurts to disclose everything.

Jan 14, 2016 11:21 PM
Rainmaker
1,024,027
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Not required if built after 1978, but it would be a great tool to proctect you and your client should lead is found in the old structure. If the structure was built prior to 1978 Get one executed for your records, It is the Law.

Jan 14, 2016 10:54 PM
Rainer
112,567
Vera Gonzalez
RE/MAX Suburban, Inc. - Sterling Heights, MI
Gonzo For Real Estate

I recently sold a tear down. Included LBP. Listed as Vacant Land and Residential. 

Jan 14, 2016 10:05 PM
Rainmaker
729,360
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

I use them on land sales when there are old barns, outbuildings, etc with lead based paint on them. Even some old fences have lead based paint on them, so use disclosure.

Jan 14, 2016 09:35 PM
Rainmaker
910,617
Thomas J. Nelson, Realtor, ePRO, CRS, RCS-D
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

Pre-1978 Structure = Disclosure, cover your rear. I'd rather have too much, than too little paperwork for disputes.

Jan 14, 2016 09:33 PM
Rainer
149,606
Michael Thacker - Re/Max Real Estate Center - Louisville
Re/Max Real Estate Center - The Thacker Group - Louisville, KY
Your best friend who just happens to be a Realtor

I would think that you would have to disclose, but I may be wrong.

Jan 14, 2016 09:22 PM
Ambassador
1,610,832
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Regardless, in this age of liability why not err on the side of caution.

Jan 14, 2016 09:18 PM
Rainmaker
2,825,325
James Dray
Fathom Realty - Bentonville, AR
Exceptional Agents, Outstanding Results

You bet at least that is something I require.  

Jan 14, 2016 08:46 PM
Rainmaker
1,206,277
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Use the disclosure form if there is any structure that can be used as residence. Avoid any chance of law suit.

Jan 14, 2016 08:13 PM
Rainmaker
4,431,972
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

It may depend on state laws. I would disclose it.

Jan 14, 2016 07:54 PM
Rainmaker
797,159
Troy Erickson AZ Realtor (602) 295-6807
Good Company Real Estate www.ChandlerRealEstate.weebly.com - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Randy - Excellent job researching your own question and coming up with the answer. I would have said disclose as well, because there is a dwelling on the land, no matter the current condition of the dwelling.

Jan 16, 2016 07:57 AM
Rainmaker
2,230,891
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Randy. I use use one if there is any structure on the property.

Jan 15, 2016 05:22 PM
Ambassador
2,188,589
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

If there is a structure...do it. In my state there's a $10,000 fine for not having that in your file. This has recently come up for me. I told the other agent to have her buyer sign the disclosure. What is it going to hurt and I would document with emails that I presented it anyway. So sign the damn thing. 

Jan 15, 2016 09:48 AM
Rainmaker
534,100
Tony Lewis
RE/MAX of Valencia (Hall of Fame) 30 year Valencia Resident - Valencia, CA
RE/MAX Valencia, Stevenson Ranch, Santa Clarita

In the words of Floyd Wickman "I would"

Jan 15, 2016 08:40 AM
Rainmaker
3,977,611
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

CYA...that is the name in my game

Jan 15, 2016 06:43 AM
Rainmaker
5,262,244
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

If a building is included, it is not really a land only deal and proper disclosures should be provided.

Jan 15, 2016 05:51 AM
Rainmaker
519,068
David Gibson CNE, 719-304-4684 ~ Colorado Springs Relocation
Colorado Real Estate Advisers LLC - Colorado Springs, CO
Relocation, Luxury & Lifestyle residential

Randy,
Thanks for posting the official answer.

Jan 15, 2016 05:24 AM
Ambassador
4,053,477
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

I would provide one.

Jan 15, 2016 05:13 AM