The following is a communication between ARA and HUD regarding the use of the Federal Lead Based Paint Disclosure and is VERY IMPORTANT FOR ARKANSAS BROKERS AND AGENTS.

Dear Mr. Jacobs:
As the Arkansas REALTORS Association, we are fielding calls concerning the repetition of Lead Based Paint language in two additional forms we produce as Real Estate Forms. One being the Sales Contract and the other is the Seller Property Disclosure. We are questioned all the time about the need of the federally required form and can well explain that the other two forms do not contain the proper attesting signature. I was referred to you by Susan Finister, HUD Office, Little Rock, Arkansas. We all work very well together and she is a credit to your HUD staff.
The Risk Reduction Committee is considering using the Federal Language in the Lead Based Paint Disclosure (complete) and requiring the necessary signatures at the bottom of the entire contract (The Real Estate Sales Contract) and giving the Lead Based Pamphlet to those buyers considering a home built prior to 1978. We understand that 3 or 4 states have designed their sales contracts to include that language and this is acceptable to HUD. If this is possible, we may be able to eliminate a form in a transaction, the Lead Based Paint Disclosure.
I have not included any forms of ours in this communications but certainly can submit for ideas you or your staff may have.
Thank you.

Regards,
Andy
Andy Schaus, GRI
Executive Officer
Arkansas REALTORS Association

From: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
To: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Cc: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Sent: Friday, February 07, 2003 4:10 PM
Subject: Lead Based Paint Disclosure

I'm the senior lawyer at HUD for lead-based paint issues and Dave forwarded your message to me for response. The Lead Disclosure Regulation allows the language of the disclosure form to appear in a lease itself rather than attaching a lead disclosure form to a lease. HOWEVER, with respect to a sales contract, the language of the disclosure form MUST appear in an attachment and may not be placed in the sales contract itself. The statute is clear that a separate lead-based paint disclosure form must be used in the sales context. If you have any questions, you can call me at 202-708-0614 x 5190.

Note: The Lead Based Paint Disclosures (both sales and rental) are in the software and sold as paper forms. The software edition incorrectly lists these forms as copyrighted. THEY ARE NOT so you make make copies of these two blank forms.

To better clarify the article in the last issue of REALTOR 'Rightings, the use of the Lead Based Paint Disclosure form issued by the Federal Government must be used in the sale of all properties built prior to 1978. If the construction date is close to that year or cannot be determined, we recommend you use this form as an attachment to the transaction. If you can find positive proof that construction was after 1978, you do not have to use the form(s). We also want you to be aware that if lead based paint is used on ANY structure regardless of age, it must be disclosed using the federal forms. ARA is currently working on language changes, hopefully to eliminate some language, for the 2004 forms.