Legal Question in Real Estate Law in Oklahoma

seller's liability for lead paint

We purchased a home 2 years ago. The seller made a written disclosure that all lead paint had been ''removed or covered if present.'' We did not have a lead paint inspection prior to purchase. We purchased the home ''as is'' and took a Warranty Deed. Upon taking possession of the home, the paint was cracking, flaking, peeling (we have photos). Now I am 6 wks pregnant and had a lead test done. The house is full of lead paint and will cost us $6000+ just to have it properly covered (not even removed). Since we contracted for the home ''as is'' did that waive our rights to recover against the seller for his false representations that the lead paint had been ''removed or covered?'' Is he liable?


Asked on 7/23/02, 3:35 pm

1 Answer from Attorneys
Hunt John Urgentlegalcare.com

Re: seller's liability for lead paint

Thank you for your question. I believe that the seller is responsible for a fraudulent misrepresentation of a material fact and breach of implied warranty of habitability. Please visit and bookmark my website: www.urgentlegalcare.com for your, your family and friend's future legal needs.

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Answered on 7/24/02, 6:10 pm


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