Legal Question in Real Estate Law in New York
lead based paint
I have just bought a rental property. The owner said that he didnt know if there was leaad based paint present in the bulding when I made my initial offer. I have come to find out that there is lead based paint in the building and that the previous owner had know about it, I even have proof of it. What legal options do I have? Can I sue him in court for costs of removal and any other costs that occur because of this? Does he hav ethe option to buy back the house and if so do I get rembursed for all the time and money I have put into the building?
2 Answers from Attorneys
Re: lead based paint
It depends. Was this commercial ro residential property? Others questions follwo fromthis.
Feel free to contact me.
Good Luck
RRG
Re: lead based paint
This problem may be able to be rectified if the property is residential rental, not commercial rental. The lead paint laws only apply to residental properties, not businesses. If applicable, meaning the property is residential, you have a claim for removal and repainting, plus any other damages you may have sustained. As an aside, but possibly related: When I sold my mother's home (NJ, not NY) a lead paint certificate was required. When the building inspector took his reading, he got a positive reading and indicated the entire house had to be stripped and repainted. The problem was, due to a massive flooding condition, caused by broken pipes in the attic, the paint had been stripped and replaced just a year or 2 before. Bottom line: lead paint permeates wood and leaves trace residues in the wood. The positive reading was due to permeation, not actual presence of the lead paint. I note this just for your information to verify what is causing the reading.
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