EPA v. RE/MAX LEGACY REALTY

Case summary

9/21/2020 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $6,800.00. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON THE EPA' S REVIEW OF THE RESPONDENT' S RECORDS DURING THE NOVEMBER 21, 2019, INSPECTION, THE EPA HAS DETERMINED THAT PRIOR TO OFFERING AND ENTERING INTO A CONTRACT FOR SALE OF RESIDENTIAL DWELLINGS OF TARGET HOUSING, SET FORTH IN PARAGRAPH 34, THE RESPONDENT FAILED TO: A. PROVIDE THE PURCHASER WITH ANY RECORDS OR REPORTS AVAILABLE TO THE SELLER PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE TARGET HOUSING BEING SOLD IN VIOLATION OF 40 C.F.R. ? 745.107(a)(4); B. INCLUDE AS AN ATTACHMENT TO THE CONTRACTS TO SELL TARGET HOUSING, A STATEMENT BY THE PURCHASER AFFIRMING RECEIPT OF THE INFORMATION REQUIRED UNDER 40 C.F.R. ? 745.113(a)(2) AND 40 C.F.R. ? 745.113(a)(3), AND THE LEAD HAZARD PAMPHLET REQUIRED UNDER 15 U.S.C. 2686 IN VIOLATION OF 40 C.F.R. ? 745.113(a)(4); AND C. INCLUDE AS AN ATTACHMENT TO THE CONTRACTS TO SELL TARGET HOUSING THE SIGNATURES OF THE SELLERS, AGENTS, AND PURCHASERS CERTIFYING TO THE ACCURACY OF THEIR STATEMENTS TO THE BEST OF THEIR KNOWLEDGE, ALONG WITH THE DATES OF SIGNATURE, IN VIOLATION OF 40 C.F.R. ? 745. 113(a)(7).

Defendants (1)

• RE/MAX LEGACY REALTYNamed in complaintNamed in settlement

Facilities (8)

• PRIVATE RESIDENCE (RE/MAX LEGACY REALTY)

  241 COUNTY ROAD 267, BANNER, MS, 38913

  Registry ID: 110070836161

• PRIVATE RESIDENCE (RE/MAX LEGACY REALTY)

  1802 JACKSON AVE WEST, OXFORD, MS, 38655

  Registry ID: 110070836154

• PRIVATE RESIDENCE (RE/MAX LEGACY REALTY)

  108 DOBBS, VARDAMAN, MS, 38878

  Registry ID: 110070836165

• REMAX LEGACY REALTY

  1923 UNIVERSITY AVENUE, SUITE 100, OXFORD, MS, 38656

  Registry ID: 110070666400

• PRIVATE RESIDENCE (RE/MAX LEGACY REALTY)

  31 COUNTY ROAD 103, OXFORD, MS, 38655

  Registry ID: 110070836160

• PRIVATE RESIDENCE (RE/MAX LEGACY REALTY)

  109 PHILIP ROAD, OXFORD, MS, 38655

  Registry ID: 110070836155

• PRIVATE RESIDENCE (RE/MAX LEGACY REALTY)

  144 LAKEWAY DR, OXFORD, MS, 38655

  Registry ID: 110070836159

• PRIVATE RESIDENCE (RE/MAX LEGACY REALTY)

  304 RANDOLPH ST, VARDAMAN, MS, 38878

  Registry ID: 110070836157

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• RE/MAX LEGACY REALTYentered 2020-09-21

  Primary law: TSCA

  Federal penalty: $6,800

Timeline (3 milestones)

• 2020-09-21Complaint Filed/Proposed Order
• 2020-09-21Final Order Issued
• 2020-09-21Enforcement Action Data Entered