C.F.R. » Title 24 » PART 35—LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES › Subpart A—Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of Residential Property

24 C.F.R. § 35.94

Agent responsibilities

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(a) Each agent shall ensure compliance with all requirements of this subpart. To ensure compliance, the agent shall:

(1) Inform the seller or lessor of his/her obligations under §§ 35.88, 35.90, and 35.92.

(2) Ensure that the seller or lessor has performed all activities required under §§ 35.88, 35.90, and 35.92, or personally ensure compliance with the requirements of §§ 35.88, 35.90, and 35.92.

(b) If the agent has complied with paragraph (a)(1) of this section, the agent shall not be liable for the failure to disclose to a purchaser or lessee the presence of lead-based paint and/or lead-based paint hazards known by a seller or lessor but not disclosed to the agent.

(Approved by the Office of Management and Budget under control number 2070-0151) [61 FR 9082, Mar. 6, 1996, as amended at 64 FR 14382, Mar. 25, 1999]
Notes of Decisions
Cited in 5 cases, 2000–2015 · leading case: McField ex rel. Ray v. Philadelphia Hous. Auth., 992 F. Supp. 2d 481 (E.D. Pa. 2014).
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McField ex rel. Ray v. Philadelphia Hous. Auth., 992 F. Supp. 2d 481 (E.D. Pa. 2014). “Specifically, she refers to 24 C.F.R. §§ 35.94 (a), 35.88(a)(2), 35.24(b)(l)-(2), 965.”
Ayres v. United States, 67 Fed. Cl. 776 (Fed. Cl. 2005). “24 C.F.R. § 35.94 . In reviewing the Lead-Based Paint Addendum to the Contract on reconsideration, it appears that the Lead Warning Statement, required by 24 C.”
Smith v. Coldwell Banker Real Est. Servs., Inc., 122 F. Supp. 2d 267 (D. Conn. 2000). “24 C.F.R. § 35.94 . Facts For purposes of ruling on this motion, the following facts are assumed.”
G.M.M. v. Kimpson, 92 F. Supp. 3d 53 (E.D.N.Y. 2015). “§ 4852d(a)(4) (imposing duty on agent to ensure compliance); 24 C.F.R. § 35.94 (detailing agent’s responsibilities); 40 C.”
Sáez Navarro v. Banco Santander, 15 T.C.A. 891 (2009). “24 CFR § 35.94 ; 40 CFR § 745.115 ; Lead; Requirements for Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazard in Housing, 61 FR 9064 -01, 9077.”
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