The Environmental Protection Agency (“EPA”) reports that it has been investigating real estate agents for the past seven years and for the most part, has found the agents to be in compliance with the requirements of the Residential Lead-Based Paint Hazard Reduction Act (the “Act”). In some instances, there are agents who have not been in full compliance. The public’s attention to lead paint has been heightened by incidents unrelated to the EPA (i.e., imported toys and other products containing lead based paint). Non-compliance by agents of the EPA regulations, although infrequent according to the EPA, can produce harsh consequences and burdensome fines.
Real estate licensees must become aware of the EPA’s stance and the severe penalties, both civil and criminal, that can be imposed as a result of non-compliance. After speaking with an Inspector for the EPA’s Division of Enforcement and Compliance Assistance, we have been advised that compliance officers and field investigators are sent out to ensure that agents are following the law.
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