Lead Paint Waiver

If post 1978 construction, lead paint is a non issue.

If pre 1978 construction, without gut renovations, you can assume lead paint is there.

If you don't drag your tongue along the molding too often, you should be OK.

Yes you have a right to lead testing and yes they will delay the closing for it if necessary, and no you won't lose the apartment to somebody else for this reason. But you could get testing done by Monday anyway.

If the building is over 30 or so years old, you're going to find lead. Either accept that and don't gnaw on the window casings, or expect the seller to move onto the next buyer.

Yeah, we're assuming that lead is likely as the building is quite old, but the building and the apartment are in very good shape and so we're hoping that the risk is low. Issue is just that I'm pregnant so we're a bit paranoid about future kids gnawing on window casings. I've looked around and encapsulation seems to be a good (cheaper) option though.

Children don't normally gnaw on heavy building components unless they are malnourished or neglected for long periods of time. The behavior is called pica and it is not routine or to be expected.

The lead isn't in the air unless there is sanding. Contractors I hired when I renovated a historic house wouldn't even try to sand old paint, what they do is remove the molding completely and install new molding of the same design. However, there are special sanding procedures for lead paint. Peeling paint is a bugaboo. In Rochester, NY, your house can lose its c of o if the inspector finds peeling paint of any kind, they assume it's leaded.

The way they encapsulate it is to paint over it.

Actually in my experience, children can and will eat anything including window casings, even without pica. You have to be careful with that.

If I were pregnant, I would try to get lead testing done ASAP. If you are going to take the apartment whether or not there is lead, then you can make it clear that you do not want to delay closing (as they may think that you are getting testing done pre-closing in order to adjust the purchase price etc). If you are going to close anyway, you can just get it done the next day.

Then have a plan to encapsulate or remove the lead moldings. Obviously better to be away from the apartment then because the lead is really released into the air when the paint is disturbed.

I had lead paint tested and it took a few hours with preliminary results available on the spot. Good luck!