40 C.F.R. § 745.115
Agent responsibilities
(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 §§ 745.107, 745.110, and 745.113.
(2) Ensure that the seller or lessor has performed all activities required under §§ 745.107, 745.110, and 745.113, or personally ensure compliance with the requirements of §§ 745.107, 745.110, and 745.113.
(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.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2009–2022 · leading case: G.M.M. v. Kimpson, 92 F. Supp. 3d 53 (E.D.N.Y 2015).
G.M.M. v. Kimpson, 92 F. Supp. 3d 53 (E.D.N.Y 2015). “94 (detailing agent’s responsibilities); 40 C.F.R. § 745.115 (same). “Any person who knowingly violates the provisions of this section shall be jointly and severally liable to the purchaser or lessee in an amount equal to 3 times the amount of damages incurred by such individual.”
Goolsby v. Best in Neighborhood LLC (N.D. Ohio 2022). “40 C.F.R. § 745.115 ; see also Ayres v. United States, 67 Fed.”
Sáez Navarro v. Banco Santander, 15 T.C.A. 891 (2009). “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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