Special offer
Praful Thakkar, Metro Boston Homes For Sale (LAER Realty Partners)

Spam prevention
Rainmaker
5,113,121
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

It's federal law that the form be signed... you start the process as a listing agent.

Jul 13, 2017 03:47 AM
Rainmaker
4,582,434
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

It is mandatory in our California brokerage and typically it is the seller/landlord who initiates this form.   As part of the listing package, I like to have the seller complete all disclosures so they can be provided to a prospective buyer.  Ditto for landlords and tenants.      

Jul 12, 2017 10:40 PM
Rainmaker
4,478,856
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Praful in California the listing agent initiates all the disclosures and the buyer and seller sign that they read and received it, Endre

Jul 12, 2017 11:28 PM
Rainmaker
1,506,163
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

This comes as a seller/landlord disclosure in California.  Seller/landlord initiates and is a form required even if the house was built after 1978.  I guess you can still buy lead paint in parts of the world.

Jul 12, 2017 10:56 PM
Ambassador
3,167,714
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

If I take a listing I have my sellers sign it at that time if the home was build prior to 1978 and upload that document to the MLS.  If I write an offer on house build prior to 1978 I get my buyers to sign with the offer.  I take care of MY clients regardless of side of transaction I'm on.

Jul 12, 2017 10:48 PM
Rainer
213,263
Dennis Swartz
Full Circle Property Management - Columbus, OH
MBA, GRI...experience counts!

Since it is about the house, the listing agent does it.

Jul 13, 2017 02:36 AM
Ambassador
6,418,755
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Best to do this very well if you dont want to get sued and have the feds all over you.

Jul 13, 2017 12:59 AM
Rainmaker
1,712,776
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

It is and the listing agent is responsible as part of the seller disclosure in Oklahoma.

Jul 12, 2017 11:36 PM
Rainmaker
809,258
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

Agent provides the form to the seller. Seller fills it out and it is made available to buyers. When we are listing agents it is part of our listing paperwork process and then uploaded in the mls with the listing. If I am the buyers agent and it is not provided I request it. -Kasey

Jul 13, 2017 08:11 AM
Rainmaker
4,901,858
Richard Weeks
Dallas, TX
REALTOR®, Broker

It's federal law.  Needs to be initiated by the seller.  Must be completed by all parties on or before the effective date of the contract, and it is imperative that the LBP pamphlet be provided to the buyer.

Jul 13, 2017 04:59 AM
Rainmaker
5,583,328
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

the listing agent should have this form filled out at the time of taking the listing...

Jul 13, 2017 04:57 AM
Rainmaker
1,201,612
Doug Dawes
Keller Williams Evolution - 447 Boston Street, Suite #5, Topsfield, MA - Topsfield, MA
Your Personal Realtor®

The listing agent. I explain that the signed Lead Paint must be presented with the offer

Jul 13, 2017 03:06 AM
Rainmaker
1,624,853
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

It is the must in CA,

As a listing agent I always sign it with both principals. 

Jul 12, 2017 11:41 PM
Rainmaker
1,027,602
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.

I always have it signed by the seller as part of the listing agreement. 

Jul 13, 2017 06:12 AM
Rainmaker
1,847,051
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

LA starts the process, mandatory.

Jul 13, 2017 04:57 AM
Rainmaker
853,122
Brenda Mayette
Miranda Real Estate Group, Inc. - Glenville, NY
Getting results w/ knowledge & know-how!

It's mandatory here and initiated by the listing agent.  I've never, ever had anyone know anything or elect to test anything...  

Jul 13, 2017 04:26 AM
Rainmaker
2,221,377
Anthony Acosta - ALLATLANTAcondos.com
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Listing agent and seller

Jul 13, 2017 04:49 PM
Ambassador
2,684,669
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

    Federal Law.  Make sure it gets done, whether you represent Seller or Buyer, or a Tenant or a Landlord.

       I sold a 1960's house recently; the Listing Broker (experienced) forgot it.  Not in the associated documents, not attached to the contract, etc.  At the closing,  I slid the form across the table to the Title Attorney.  He said, "Oh yes, Mrs. Seller, I will need your signature on this."   

Jul 13, 2017 08:15 AM
Rainmaker
5,772,587
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Michael Jacobs has this one.  A

Jul 13, 2017 06:56 AM
Rainmaker
1,466,257
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Praful Thakkar It is mandatory here and part of the listing package.

Jul 13, 2017 06:20 AM
Rainmaker
1,056,432
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

The Seller. Because the form discloses whether or not the seller has/is going to provide the buyer with any lead-based paint information about the home.
Since all signatures need to be on the same form, buyer will receive the seller- signed document to add their own signatures (along with the agents') once there is a transaction.

Jul 13, 2017 05:32 AM
Rainmaker
2,817,727
Debbie Gartner
The Flooring Girl - White Plains, NY
The Flooring Girl & Blog Stylist -Dynamo Marketers

I believe it's the listing agent here in NY.

Jul 13, 2017 04:28 AM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Nina Hollander nailed this one!

Jul 13, 2017 04:28 AM
Rainmaker
7,864,157
Roy Kelley
Retired - Gaithersburg, MD

Follow your local rules and practices.

Jul 13, 2017 04:20 AM
Rainmaker
846,475
Marco Giancola
Beachfront Realty - Miami Beach, FL
Realtor (305)608-1922, Miami Beach Florida

Here in FL it is and has been for a very long time. Part of the listing package and in the sale contract.

Jul 13, 2017 04:18 AM
Rainmaker
913,568
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

We use them in VA, but buyer can waive their right to test for lead based paint.

Jul 13, 2017 04:02 AM
Rainmaker
1,728,256
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Listing agent, but ultimately, the responsibility is the seller's

Jul 13, 2017 03:45 AM
Rainmaker
1,241,879
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

The listing agent. I upload a dummy stating this is a brand new home. No disclosure is needed,

Jul 12, 2017 11:01 PM
Rainmaker
2,375,711
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

I put it in the documents I upload with a listing - how can the buyer know what to check - the buyer and agent do not have the competency to initiate this form.  Praful Thakkar - this seems like such an obvious answer - what is behind the question.

Aug 11, 2017 06:58 PM
Rainmaker
5,877,905
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Usually the listing agent, but have been known to prepare it when submitted an offer if one is not available.

Jul 15, 2017 03:19 PM
Ambassador
3,349,554
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

In California ... yet it is.  The Listing Agent provides to the seller for completion and buyers, sellers and agents sign it. 

Jul 14, 2017 08:24 AM
Rainmaker
679,235
John Slocum
Premiere Property Group, LLC - Vancouver Washington - Vancouver, WA
Broker, SFR - Vancouver WA Real Estate

Yes, Mandatory.  I have the seller start it when I have the listing, but as a selling agent I've had the buyer initiate the form many times.

Jul 13, 2017 09:06 PM
Rainmaker
1,617,916
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

mandatory just do it

Jul 13, 2017 03:09 PM
Ambassador
3,589,741
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

Yes it is!!  Huge fine if it's not signed by all parties thanks to you know who!

Jul 13, 2017 02:59 PM
Rainmaker
4,961,536
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

The buyers agents must submit it with contract

 

Jul 13, 2017 01:22 PM
Rainmaker
4,434,177
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

It is the law.

Jul 13, 2017 12:02 PM
Rainmaker
716,032
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

In Oregon, the lead paint addendum is originated by the listing side as it discloses what the seller knows about lead paint in their home and whether or not any tests have been performed.

Jul 13, 2017 09:50 AM
Rainmaker
637,484
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

It's part of the seller disclosures.

Jul 13, 2017 08:47 AM
Rainmaker
599,734
Nathan Gesner
American West Realty and Management - Cody, WY
Broker / Property Manager

It should be initiated by the Seller or Landlord and then initialed or signed by the buyer, tenant, and/or agent.

Jul 13, 2017 06:41 AM
Rainmaker
1,553,599
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

YES,

The landlord or seller provides it in CA.

It's part of the lease or purchase contract these days (built in).

Jul 13, 2017 06:34 AM
Rainmaker
2,784,726
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Landlord if rent and seller if homeowner. I had someone who went temporarily insane and challenged this. While I didn't have the form signed, I did disclose in the contract but it cost $ to defend it. Get the form signed! 

Jul 13, 2017 06:22 AM
Rainmaker
3,416,038
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

As the listing agent i always have my seller sign this when getting the listing. The exception is bank owned homes where some banks include it in their bank seller disclosures

Jul 13, 2017 06:07 AM
Rainmaker
5,240,021
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

The listing agent initiates the process normally. 

Jul 13, 2017 05:59 AM
Rainmaker
4,800,132
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Yes, it is.  I don't know if it's specified who has to initiate the process as both sides are responsible for having it done.

Jul 13, 2017 05:14 AM
Ambassador
5,254,675
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

The buck starts AND stops with the listing agent. Even if you leave the Disclosures in the home for each buyer, it is the LA's responsibility to get that form signed by all parties within 10 days per federal law.

Jul 13, 2017 05:09 AM