What should a real estate professional do if they suspect lead-based materials are present in a property?

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When a real estate professional suspects the presence of lead-based materials in a property, informing buyers about the potential risks is critical. Lead exposure can have serious health implications, particularly for young children and pregnant women, so it is fundamental for agents to communicate these risks clearly. The professional must fulfill their duty to ensure that buyers are aware of possible hazards, allowing them to make informed decisions regarding their purchase.

Advising buyers about lead risks also aligns with legal obligations under the Residential Lead-Based Paint Hazard Reduction Act, which requires sellers and agents to disclose known lead hazards. This helps to protect the health of the occupants and mitigates potential legal repercussions from failing to disclose known dangers. In some jurisdictions, this responsibility includes providing buyers with the necessary disclosures and possibly lead hazard pamphlets.

While mitigations such as a seller removing lead are important, any actions regarding removal or remediation are generally better left to professionals with the appropriate expertise in hazardous materials. Allowing buyers to make informed decisions empowers them and helps in maintaining integrity in the real estate transaction process.

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