We had two lead paint questions that came up this week that were interesting: In a multiple offer situation, can the seller ask if the buyers are planning on conducting a lead inspection? Legal counsel said while a seller can ask, they CANNOT take that into consideration in making a decision about acceptance of an offer without reacting in a discriminatory manner, and so it brings about a level of liability to all involved. Not recommended at all.
Can a seller REQUIRE as a term of the sale that the buyer waive their right to a lead inspection? No. While a buyer can waive their inspection period where they have a right to get out of the purchase and sale agreement based on findings, federal regulation 40 CFR 745 gives the buyers the legal right to a 10 day right to inspect for lead. See Par 20 in the P&S