Admin
Randy Hilman REALTOR® Associate Broker, Guide & Mentor to Home Buyers & Sellers (Randy Hilman Homes in partnership with Bean Group)

Answers

Rainmaker
5,878,551
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Real Estate Broker

As far as I know, if there is a structure built prior to 1978 on a property you are selling, it needs a LBP disclosure.

Jan 14, 2016 08:07 PM
Rainmaker
2,557,511
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

Better safe than sorry - the fact it is uninhabitable will probably trump the fact that it has lead paint in any buyer's mind so I don't think the possibility of lead paint will discourage any offers. 

Jan 14, 2016 09:33 PM
Rainmaker
5,050,849
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

I follow what the law and my office require.   

Jan 14, 2016 09:32 PM
Rainmaker
5,590,708
Barbara Todaro
Keller Williams Elite - Franklin, MA
"connecting land with builders"

if there's a structure there, it needs a disclosure, even if the buyer says the structure will be knocked down.... he may change his mind!!

Jan 14, 2016 10:01 PM
Ambassador
2,214,310
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

I woud include it. 

Jan 14, 2016 09:31 PM
Rainmaker
6,036,326
Wayne Martin
Wayne M Martin - Oswego, IL
Real Estate Broker - Retired

Built before 1978, disclose! It is the law!

Jan 14, 2016 09:26 PM
Rainmaker
1,176,446
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Was it built before 1978? Disclosure is in order.

Jan 14, 2016 09:16 PM
Rainer
80,758
Linda Guess
Keller Williams Tri-Lakes Branson, MO - Branson, MO
Branson area real estate sales.

Disclosing is easy.  Just do it then there is no problem.  Always disclose.

Jan 14, 2016 09:02 PM
Rainmaker
574,426
Greg Cremia
Shore Realty of the Outer Banks - Nags Head, NC

This is a federal law and you need the disclosure. 

Jan 14, 2016 08:51 PM
Rainmaker
1,513,533
Raymond E. Camp
Ontario, NY

I also would say disclose it if it can be rehabbed!

Jan 14, 2016 08:47 PM
Rainmaker
3,017,398
Richie & You
pearlsforthesoul.com - Riverside, CA
Author & Consultant

Any improvement on land that has a story has to be told

Jan 14, 2016 11:02 PM
Rainmaker
3,077,307
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Coldwell Banker Realty

If one has to ask whether to disclose...the answer almost always is...DISCLOSE!

Jan 14, 2016 10:11 PM
Rainmaker
123,076
Randy Hilman REALTOR® Associate Broker
Randy Hilman Homes in partnership with Bean Group - Moultonborough, NH
Guide & Mentor to Home Buyers & Sellers

Hi all:  Good answers, everyone.  It does seem to me that calling a sale "land only" does not somehow erase the responsibility of sellers to disclose potential hazards, including those that may be posed by the presence of a dwelling, ramshackle and uninhabitable though it may be.   Disclosure, I believe, is the prudent thing to do, even though it may not be technically required, although I have not heard authoritatively yet whether it is or isn't.  I have sent a message to my state association's legal counsel for an opinion on how best to handle this scenario and will be happy to share it, when I receive a reply.  In the meantime, though, if we're all pretty much guessing, the one answer that it is better to be safe than sorry probably is the the most sensible.

 

Jan 14, 2016 09:46 PM
Rainmaker
1,466,272
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Randy Hilman, Associate Broker, GRI, CBR To my knowledge, if there is a home on the property built before 1978 a Lead Based Paint disclosure is required.

Jan 14, 2016 09:36 PM
Ambassador
2,858,127
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

I don't know what the "right" answer is, but I think a lead disclosure is required for any building. If it could be inhabitable with work and was built prior to 1978, I'd provide.

Jan 14, 2016 08:01 PM
Ambassador
3,773,159
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

When is the last time anyone got into trouble for too much disclosure?  I'd say include it.

Jan 15, 2016 02:37 AM
Rainmaker
5,775,469
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Randy,

When in doubt disclose, when not in doubt disclose.  A

Jan 15, 2016 02:02 AM
Rainmaker
1,678,196
John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM

Nina Hollander has this one.

Jan 15, 2016 01:47 AM
Rainmaker
961,530
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Lead disclosure is pretty serious, best to be on the safe side.

Jan 15, 2016 01:31 AM
Rainmaker
5,278,126
Richard Weeks
Dallas, TX
REALTOR®, Broker

Disclose.  Can't get into trouble for over disclosing.

Jan 14, 2016 11:55 PM
Rainmaker
4,273,487
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

It never hurts to disclose everything.

Jan 14, 2016 11:21 PM
Rainmaker
2,246,155
Anthony Acosta - ALLATLANTAcondos.com
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Not required if built after 1978, but it would be a great tool to proctect you and your client should lead is found in the old structure. If the structure was built prior to 1978 Get one executed for your records, It is the Law.

Jan 14, 2016 10:54 PM
Rainer
113,102
Vera Gonzalez
RE/MAX Suburban, Inc. - Sterling Heights, MI
Gonzo For Real Estate

I recently sold a tear down. Included LBP. Listed as Vacant Land and Residential. 

Jan 14, 2016 10:05 PM
Rainmaker
960,572
Jeff Pearl
Realty One Group Capital / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

I use them on land sales when there are old barns, outbuildings, etc with lead based paint on them. Even some old fences have lead based paint on them, so use disclosure.

Jan 14, 2016 09:35 PM
Rainmaker
1,743,159
Thomas J. Nelson, REALTOR ® CRS,ABR,PSA,RCS-D, CFSP
Big Block LPT Realty 858.232.8722 - San Diego, CA
Coastal San Diego, Veteran's & Retirees Services

Pre-1978 Structure = Disclosure, cover your rear. I'd rather have too much, than too little paperwork for disputes.

Jan 14, 2016 09:33 PM
Rainer
150,466
Michael Thacker - Re/Max Real Estate Center - Louisville
Re/Max Real Estate Center - The Thacker Group - Louisville, KY
Your best friend who just happens to be a Realtor

I would think that you would have to disclose, but I may be wrong.

Jan 14, 2016 09:22 PM
Rainmaker
1,714,432
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Regardless, in this age of liability why not err on the side of caution.

Jan 14, 2016 09:18 PM
Rainmaker
3,627,527
James Dray
Fathom Realty - Bentonville, AR

You bet at least that is something I require.  

Jan 14, 2016 08:46 PM
Rainmaker
1,231,903
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Use the disclosure form if there is any structure that can be used as residence. Avoid any chance of law suit.

Jan 14, 2016 08:13 PM
Rainmaker
4,434,377
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

It may depend on state laws. I would disclose it.

Jan 14, 2016 07:54 PM
Rainmaker
979,901
Troy Erickson AZ Realtor (602) 295-6807
HomeSmart - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Randy - Excellent job researching your own question and coming up with the answer. I would have said disclose as well, because there is a dwelling on the land, no matter the current condition of the dwelling.

Jan 16, 2016 07:57 AM
Rainmaker
2,538,897
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Randy. I use use one if there is any structure on the property.

Jan 15, 2016 05:22 PM
Rainmaker
2,236,526
Debbie Laity
CinaJones Real Estate - Cedaredge, CO
Your Real Estate Resource for Delta County

If there is a structure...do it. In my state there's a $10,000 fine for not having that in your file. This has recently come up for me. I told the other agent to have her buyer sign the disclosure. What is it going to hurt and I would document with emails that I presented it anyway. So sign the damn thing. 

Jan 15, 2016 09:48 AM
Rainmaker
839,680
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Group Valencia & Aliso Viejo

In the words of Floyd Wickman "I would"

Jan 15, 2016 08:40 AM
Rainmaker
3,986,714
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

CYA...that is the name in my game

Jan 15, 2016 06:43 AM
Rainmaker
8,759,288
Roy Kelley
Retired - Gaithersburg, MD

If a building is included, it is not really a land only deal and proper disclosures should be provided.

Jan 15, 2016 05:51 AM
Rainmaker
618,135
David Gibson CNE, 719-304-4684 ~ Colorado Springs Relocation
Colorado Real Estate Advisers LLC - Colorado Springs, CO
Relocation, Luxury & Lifestyle residential

Randy,
Thanks for posting the official answer.

Jan 15, 2016 05:24 AM
Ambassador
7,273,710
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

I would provide one.

Jan 15, 2016 05:13 AM