Hawaii Pre-Licensing National Practice Exam

A house built before 1978 may have lead paint. All of the following are true except:

1. Buyers must be informed about lead paint hazards

2. Buyers have a right to an inspection for lead paint

3. Seller must remove the lead paint before closing on the house

4. Sellers must provide a lead paint disclosure form

The correct answer is: Seller must remove the lead paint before closing on the house

The assertion that sellers must remove lead paint before closing on the house is incorrect, which makes it the exception in this context. Under federal law, specifically the Residential Lead-Based Paint Hazard Reduction Act, sellers are required to disclose known information about lead-based paint and its hazards in homes built before 1978. However, they are not legally obligated to remove lead paint from the property. In fact, the law focuses on informing buyers and providing them with the option to inspect for lead hazards rather than mandating the removal of lead paint. Therefore, buyers are given the right to be informed and to conduct inspections, but removing lead paint is not a requirement for the sale to proceed. The correct answer not only highlights the responsibilities of the seller in terms of disclosure, but also clarifies the buyer's rights regarding inspection—neither of which includes the obligation for paint removal before closing. This distinction is important for understanding the legal framework surrounding lead-based paint in real estate transactions.