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New Lead Base Paint Rules

Thursday, January 21st, 2010
The Toxic Substances Control Act resulted in the EPA creating a new rule dealing with lead-based paint (LBP) hazards created by repair, painting and renovation activities that disturb lead-based paint in affected housing constructed prior to 1978.  It also applies to a public/commercial facility of similar date where children are present on a regular basis (e.g., school or daycare facility). The rule, passed in 2008, becomes effective April, 2010. This is in addition to the existing rule that requires disclosure by the seller of LBP hazards and records in the sale of pre-1978 homes.
 
The rule affects general and specialty contractors by requiring them to be certified if they are performing work on a target property, and requiring them to provide warnings to let people know of the potential hazards.

Exemptions to the Rule include:

1.      Repair/maintenance work where the disturbed area is no larger than 6 sq. ft. of interior painted surface, or 20 sq. ft. of exterior surface;

2.      A certification that the work area is free of lead-based paint (as determined using an EPA recognized test kit, and the kits they sell at Home Depot & Lowes do not qualify)

3.      Renovations by an owner to their own residence. This assumes that the owner is doing the work, not having it done by a property manager or contractor “friend”

4.      Some housing may be exempt if it is shown that no child under the age of 6 or pregnant woman resides or regularly visits there. Check with your attorney to see if you are exempt.

You can view the rule at: http://www.epa.gov/fedrgstr/EPA-TOX/2008/April/Day-22/t8141.pdf and you can also find information and sample checklists at www.epa.gov/lead/pubs/leadinfo.htm#remodeling.

Denver Real Estate Foreclosure Scams to Avoid

Monday, March 30th, 2009

The Federal Trade Commission also advises homeowners to be aware of the following scams:

The foreclosure prevention specialist:

  • A phone counselor charges high fees to make phone calls or complete paperwork that the homeowner could easily do for himself. Some of these companies use the words HOPE or HOPE NOW in their names in order to confuse borrowers who are looking for assistance from the free 888-995-HOPE hotline. (Buyers interested in this program can learn more at http://www.coloradoforeclosurehotline.org. The Colorado hotline is 1-877-601-HOPE.)
  • The lease/ buy back: Homeowners are deceived into signing over the deed to their home to a scam artist who tells them they can remain in the house as a renter and eventually buy it back. Usually, the terms make the buy-back impossible, the homeowner gets evicted, and the purchaser walks away with the equity.
  • The bait-and-switch: Homeowners think they are signing documents to bring their loan current. Instead, they discover too late - usually when they receive an eviction notice - that they have signed over the deed to their home.

Homeowners facing the possibility of foreclosure should be proactive in contacting their lender, accountant, and/or attorney to discuss their situation.

The Discover Denver Real Estate Blog

Monday, February 23rd, 2009

Gary MarcheseWelcome to The Discover Denver Real Estate blog! I hope you enjoy reading the latest real estate news, happening and events affecting the Metro Denver Real Estate Market as well as proven home ownership tips and smart real estate buying and selling ideas.

I have been helping buyers and sellers with their housing needs for the past 30 years. It would be my sincere pleasure to answer any questions you may have. I look forward to assisting you. Feel free to call or email me.

Gary Michael Marchese - 303-489-7653