EPA v. COLDWELL BANKER RESIDENTIAL BROKERAGE

Case summary

4/14/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $19,670. RESPONDENT SHALL MAKE PAYMENT WITHIN RESPONDENT THIRTY DAYS. ORDER ALLEGES: BASED ON INFORMATION OBTAINED BY EPA DURING AN INSPECTION ON OR ABOUT JULY 19, 2010, RELATING TO RESPONDENT'S CONTRACTS TO SELL TARGET HOUSING, EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 409 TSCA. A. PURSUANT TO 40 C.F.R. SECTION 745.110(a), AN AGENT SHALL PERMIT THE PURCHASER A 10-DAY PERIOD TO CONDUCT A RISK ASSESSMENT OR INSPECTION FOR THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. RESPONDENT FAILED TO PROVIDE PURCHASER A 10-DAY PERIOD TO CONDUCT A RISK ASSESSMENT OR INSPECTION. B. PURSUANT TO 40 C.F.R. SECTION 745.113(a)(5), AN AGENT SHALL INCLUDE IN THE CONTRACT AS AN ATTACHMENT A STATEMENT BY THE PURCHASER OF AN OPPORTUNITY TO CONDUCT A RISK ASSESSMENT OR INSPECTION OR TO WAIVE AN OPPORTUNITY TO DO SO. RESPONDENT FAILED TO INCLUDE IN THE CONTRACT AS AN ATTACHMENT A STATEMENT BY THE PURCHASER OF AN OPPORTUNITY TO CONDUCT A RISK ASSESSMENT OR INSPECTION OR TO WAIVE AN OPPORTUNITY TO DO SO. C. PURSUANT TO 40 C.F.R. SECTION 745.113(a)(6)(i) and (ii), AN AGENT SHALL INCLUDE IN THE THE CONTRACT AS AN ATTACHMENT, A STATEMENT BY THE ONE OR MORE AGENTS INVOLVED IN THE TRANSACTION TO SALE TARGET HOUSING THAT THE AGENT(s) HAS INFORMED THE SELLER OF THE SELLER'S OBLIGATIONS AND THAT THE AGENT(s) IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. RESPONDENT FAILED TO INCLUDE ON THE CONTRACT AS AN ATTACHMENT, A STATEMENT BY THE ONE OR MORE AGENTS INVOVED IN THE TRANSACTION TO SALE TARGET HOUSING THAT THE AGENT(s) HAS INFORMED THE SELLER OF THE SELLER'S OBLIGATIONS AND THAT THE AGENT(s) IS AWARE OF HIS DUTY TO ENSURE COMPLIANCE. D. PURSUANT TO 40 C.F.R. SECTION 745.113(a)(7), AN AGENT SHALL INCLUDE IN THE CONTRACT FOR LEASE SIGNATURES OF THE SELLER, AGENT, AND PURCHASERS CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES. RESPONDENT FAILED TO INCLUDE IN THE CONTRACT FOR LEASE SIGNATURES OF THE SELLER, AGENT, AND PURCHASERS CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS, AS WELL AS DATES.

Defendants (1)

• COLDWELL BANKER RESIDENTIAL BROKERAGE (SB)Named in complaintNamed in settlement

Facilities (1)

• COLDWELL BANKER

  2820 MAIN STREET WEST, SNELLVILLE, GA, 30078

  Registry ID: 110041210196

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• COLDWELL BANKER RESIDENTIAL BROKERAGEentered 2011-04-26

  Primary law: TSCA

  Federal penalty: $19,670

Timeline (3 milestones)

• 2011-04-26Final Order Issued
• 2011-04-26Complaint Filed/Proposed Order
• 2011-05-06Enforcement Action Data Entered