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FACTS:                    

The buyer and seller entered into an Arizona REALTORS® Residential Resale Purchase Contract for a single-family residence built in 1965.  Pursuant to the Contract, the parties agreed to waive the Seller’s Property Disclosure Statement and the Lead Based Paint Disclosure. After the contract was fully executed, the designated broker for the buyer’s agent insisted that the seller complete the Lead Based Paint Disclosure, claiming a disclosure required by federal law cannot be waived by the parties.  The broker for the listing agent disagrees.

ISSUE:                      

May the buyer and seller contractually agree to waive the lead-based disclosure?

ANSWER:                

No.

DISCUSSION:         

Federal law requires a Lead Based Paint Disclosure involving transactions for homes built before 1978.  See 42 U.S.C § 4852.  Parties cannot contractually agree to disregard the law.  Thus, the parties may not agree to waive the Lead Based Paint Disclosure Form by contract.