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  1. #1
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    Jan 2019
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    Default Responsibility to Disclose Lead Paint in a Home Sale

    My question involves real estate located in the State of: Alabama. Can a lawyer acting as a Agent be liable for not following Lead Base Paint Disclosure Act?

  2. #2
    Join Date
    Sep 2010
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    Default Re: Help

    An agent for whom? The owner? The landlord? A seller?
    How did they not comply?

  3. #3
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    Jan 2019
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    Default Re: Help

    The Agent is the seller and they didn't give me a lead base paint disclosure

  4. #4
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    Jul 2010
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    Default Re: Help

    If they are the seller, then they are not acting as an agent for anyome.

  5. #5
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    Jan 2019
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    Default Re: Help

    The question again can a LAWYER ACTING AS A "AGENT". The Agent/Lawyer representing the seller when they sold me the house didn't give me a LEAD BASE PAINT DISCLOSURE or EPA PAMPHLET required by Federal Law be liable for damages cause by not disclosuring the required information?

    Freeman read everything first my Brethren

  6. #6
    Join Date
    Jul 2010
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    Default Re: Help

    How about you read yourself? You clearly state right above my post "The Agent is the seller." How else are we supposed to interpret that statement? It is not my fault you are either incapable of explaining yourself properly or don't bother to proofread before you post.

    Since you refuse to properly explain yourself, let's play dentist. What damages have you suffered due to the failure to provide the form?

  7. #7
    Join Date
    Jan 2019
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    Default Re: Help

    Do you know the law on lead base paint reduction 42 U.S.C 4852(d) and Title X

    Is a lawyer performing duty of AGENT liable for disclosure?

    Freeman give me a straight answer please??

  8. #8
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    Sep 2010
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    Default Re: Help

    You've still not explained what you mean by "lawyer performing the duty of agent" means. The law applies to the SELLER. That means the person who owns the property. An agent or lawyer involved in the sale may not be fulfilling his professional responsibilities by not making sure the SELLER complies with the law, but that means nothing to you. It is the SELLER who will get in trouble with the feds, and it is the SELLER you have a potential civil action if you have some damages.

    The penalty for the violation is a "civil penalty," that is to say with a fine.

    What YOU can recover is the statutory damages of THREE times what your actual damages, if you can prove that the failure to comply was knowingly committed. You've still not explained what your damage is. Exposure, if has happened briefly likely, won't mean anything. If you're on the hook for MITIGATING future exposure (lead removal), you may have enough of a case to worry about, and you should see an attorney about pursuing it.

  9. #9
    Join Date
    Jan 2019
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    24

    Default Re: Help

    The seller attorney is required to inform the seller about lead base paint law and can be liable for any damages says alabama LAW

    Economic damage for lost profit and punitive damages that punish

    Punitive damages that punish the agent for intentional and very serious non- disclosure.

  10. #10
    Join Date
    Sep 2010
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    Default Re: Help

    The attorney representing the seller again has no liability under the law, only the seller. Whether the seller is an attorney or not really doesn't matter. Your repeated use of "seller" and "agent" appear to be intentionally obfuscatory even after you were told otherwise.

    You quoted the federal law, I told you what the federal law provides for damages and penalties for violating the law.
    I am not finding any specific Alabama law over the federal statute.

    You are not getting anything for "lost profits" whatever that is intended to mean on a residential lease.
    You are not getting punitive damages.

    All violations of the statute are "intentional." Unintentional failure to disclose isn't a violation.

    Again, you seem to think by slanting arguments here to the point of misrepresentation, you're somehow going to induce us to give us an answer you like.
    As the commercial goes, that's not how this works. That's not how any of this works. Your case is not going to be adjudicated on the internet.

    If you have actual damages other than being mad at the seller for his omission, have an attorney help you sue him. You are as stated, entitled for treble your actual damages. You won't get anything else.

    You're free to file a complaint with the feds, and MAYBE they'll hit him with a fine. But understand that such an action is not a YOU vs. HIM. The federal statutes protect society and the government is the prosecuting authority.

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