lead paint and appraisal
Started by Anonymous2013
over 12 years ago
Posts: 120
Member since: Jan 2013
Discussion about
I'm going to make an all cash purchase. There is pressure to do it fast as other offers accumulate on the table. The building has been giving me days or hours (not weeks) to do things. I am satisfied with due diligence but the apartment is "as is." I'm doing a complete renovation, though some of the walls will be re-painted not taken out. Is it fine to move ahead without these things? My lawyer has added a lead paint contingency without asking me, and I think I should ask her to take it out. What do you think? Thanks in advance!
What does the contingency do -- e.g. if lead paint was identified what is the remedy?
Does your renovation budget (or its contingency fund) already cover remediation should lead paint be identified?
I think it would make it possible to re-negotiate price. But I don't think that's an option at this point since there are other buyers in the mix. There is definitely lead paint in the apartment. My budget is small relative to what needs to be done. I had the perfect contractor but I didn't confirm with him fast enough and he's now pushed the time frame months forward. Feeling very disparaged.
(P.S. The multiple threads seem to be a streeteasy bug, I didn't re-post this discussion.)
It will inevitably take longer than you wanted anyway, renovation is all about perseverance.
If the contract contingency becomes a sticking point (and I suspect it would, since it's not much of a contract if you insert language about a contingency that's known to all to be true), dump it.
Spend your time and attention on figuring out how to phase the renovation so that you can do the basics within your budget (lead paint remediation, fix-ups to make it livable), and then handle most of the "dream" items later on once funds accumulate again.
Are there HPD violations? If there aren't, then don't worry about it: you have a co-op exemption to the work practices. If there are, then YES, keep the contingency! (I speak from experience in a Harlem HDFC).
This may be outside the scope of your question, but for practical reasons...
Did anyone discuss with you the idea of "encapsulating" the lead paint? That would leave it undisturbed, but out of easy reach. The way we understood it in our case, if you're not removing something with lead paint (taking out a wall or removing a windows or window trim painted with it) you are not required to meet the OSHA abatement & remediation remedies. More important, you wouldn't be putting your or future families' health at risk when living there either.
ASK your contractor though.
ASK the super in the new building.
Skim coating is usually part of a cosmetic renovation anyway--plaster patch with very fine fiberglass mesh which will smooth appearance of walls, increase durability & secure cracked areas. Added benefit is it keeps old paint and plaster from chipping off, where children may eat it.
Look, it's very simple: if there are lead paint violations on record, then you need to address them based on LL1 safe practices (complicated stuff!). If not, but lead paint is assumed (built before 1970, or so), then you have a co-op exemption to LL1 practices. Check the HPD website for violations on the unit.
Don't underestimate how much $$$ an EPA certified contractor will charge you just to take the plaster off of a wall...
Thanks! I guess I saw all this too late. The building does have some violations and I've just asked my attorney to check them. I don't actually think they're lead paint related but I'm not sure. Meanwhile the contingency was taken out and the contract was signed already. I'm getting estimates from contractors tomorrow and keeping my fingers crossed!
That was stupid—you can check lead violations instantly online. Why would you be in such a rush to buy if you hadn't already checked these things out?
We talked again and again about violations that could hinder construction. There was something about removing construction debris from 1991 (before the building went HDFC) and something about work without a permit from 2009. The building made representations to us that these had been resolved. My architect looked at them and didn't see a problem with resolving them and said that it looked to him as if the fines had been paid. Again, I don't specifically know about lead paint but bisweb has been checked again and again.
elisa_b - thanks. Yes, I think encapsulating is likely to be the more appropriate option.
encapsulating is fine--rip all loose crap from the walls, slather all wounds with plasterweld, apply hot mix and skim coat, use good quality primer like zinsser bin, then paint as you wish--aint no lead comin through that.
Esp if you have kids, have the apt cleaned thoroughly/repeatedly to insure all dust is removed.
Do this whether there are lead violations or not.
There's an hpd violation for lead paint in another unit. is that a problem?
thanks yes yikes, planning to do a pro paint job.