Real Estate Blogging

In January 2003, Jim Parcesepe and his family bought a house contaminated with lead-based paint. They didn't know about the paint. It was never disclosed to them.

The former owner, Mitchell Chlasta, who has since died, knew about the lead contamination. According to RIS Media...

The city had ordered the Chlastas to abate the lead problem and the house had been declared "lead safe" before it was sold. But the Chlastas were under a lead-management plan, meaning that the house had to be inspected at least annually and that specific precautions -- vacuums with special filters, workers wearing protective garb and respirators -- would be required before renovations like those undertaken by the Parcesepes and May could proceed.

The lead-management plan was supposed to be transferred to the new owners, but it never was.

Richard Maloney, head of trade practices for the state Department of Consumer Protection says that real estate agents who represent sellers and buyers have an obligation to make sure that relevant information about the safety of a house is fully revealed.

The Parcesepe family has sued the agents representing the former owner.