EPA v. Baird and Baird Real Estate Inc.

Case summary

'''VIOLATIONS: I) Failure to provide the lead information pamphlet before the purchaser was obligated under the contract to purchase target housing; II) Failure to include the lead warning statement as an attachment to the contract to sell target housing; III) Failure to attach a statement disclosing either the presence of any known lead-based paint and/or lead-based paint hazards or indicating no knowledge of the presence of lead-based paint and/or lead-based paint hazards; IV) Failure to permit the risk assessment or inspection; V) Failure to include as an attachment to the contract to sell target housing a statement by the purchaser, indicating that the purchaser has either received the opportunity to conduct a risk assessment to inspection or waived such an opportunity; VI) Failure to include in the contract a statement by the purchaser affirming receipt of the information required and the lead hazard information pamphlet required; VII) Failure to include as an attachment to the contract to sell target housing, a list of any records or reports, available to the seller pertaining to lead-based paint and/or lead-based paint hazards in the target housing or a statement that no such records exist; VIII) Failure to attach a statement to the contract to sell target housing that the agent has informed the seller of the seller''''s obligations under 42 U.S.C. 4852d and the agent is aware of his duty to ensure compliance with the requirements; and IX) Failure to include in the contract to sell target housing the signatures of the sellers, agents, and the purchasers ceritfying to the accuracy of their statements as well as dates of signature. PROPOSED PENALTY: $6,270'

Defendants (2)

• David BairdNamed in complaintNamed in settlement
• Baird and Baird Real Estate Inc.Named in complaintNamed in settlement

Facilities (1)

• BAIRD AND BAIRD REAL ESTATE INC.

  1709 VALENCIA DRIVE, ALBUQUERQUE, NM, 87107

  Registry ID: 110013689749

Statutes cited

• TSCA 409 — Lead: Violation of Section 1018

Enforcement conclusions (1)

• Baird and Baird Real Estate Inc.entered 2003-06-18

  Primary law: TSCA

  Federal penalty: $3,234

Timeline (5 milestones)

• 2002-07-02Complaint Filed/Proposed Order
• 2002-07-18Enforcement Action Data Entered
• 2003-06-18Final Order Issued
• 2003-06-18Compliance Achieved
• 2003-07-23Enforcement Action Closed