Lead Paint Throughout Recently-Bought House - Who's Liable?

Leogames

I've just bought an old house and discovered that the walls in virtually every room has lead paint under the top layer.

The sellers didn't tell me, but lived here for 20 years.  I had a level 3 survey, which didn't mention it.  Who's liable for any remedial works?

• The sellers, because they should have informed me?
• The surveyor, because they didn't pick it up (and yes I know they can't test, but could've alerted it as a potential issue from seeing thick layers of paint and/or being aware it's an old house)?
• Me as the buyer, because buyer beware and I didn't test for it?

(Please note this question is not about how to remove or live with the paint itself, which I'm investigating separately)

All constructive input greatly appreciated in advance.

user1977

Your house, your paint. Wouldn't be normal for it to be investigated or asked about, at most your survey might have had a disclaimer pointing out that old paint might contain lead, but the lack of one doesn't imply any fault on their part. Generally you're safer to assume that old gloss paint may contain lead.

caprikid1

"

• Me as the buyer, because buyer beware and I didn't test for it?"

Not sure you are expecting anyone else to be liable.

This really is very low risk.

Is it safe to live around lead paint?

Answer: Approximately three-quarters of the nation's housing built before 1978 contains some lead-based paint. This paint, if properly managed and maintained, poses little risk. If allowed to deteriorate, lead from paint can threaten the health of occupants, especially children under six years old.

Titus_Wadd

It's decades since lead paint was sold, the vendors may not have known.  How did you ascertain it has lead content?

pumas

I'd plump for it being your responsibility.
How did you discover the paint in every room? Did you suspect lead paint?
My aunts lived in a house for 25+ years without decorating.
The surveyor wouldn't be looking for thick layers of paint.
If you noticed the thick layers of paint when viewing, you could have asked the seller and surveyor.

subjecttocontract

Liability is generally based on negligence. So, what you are asking is who has been negligent, you, the seller of the surveyor. My answer would be be nobody. Some people think that when bad things happen then someone or something is responsible ..... often that's not the case. 

Leogames

pumas said:

I'd plump for it being your responsibility.
How did you discover the paint in every room? Did you suspect lead paint?
My aunts lived in a house for 25+ years without decorating.
The surveyor wouldn't be looking for thick layers of paint.
If you noticed the thick layers of paint when viewing, you could have asked the seller and surveyor.

I've bought lead paint test strips and have tested the walls since taking ownership and before beginning decorating.

I'm not, with the greatest of respect, looking for individual viewpoints, opinions or anecdotes here - I'm looking to get it sorted and need to understand how to accommodate the costs involved.  Lead paint is an issue with pets and young children, particularly when we want to undertake works on the house, and I can tick all of the above in my case.

Section62

Leogames said:

• Me as the buyer, because buyer beware and I didn't test for it?

Lead in paint is just one of those things to be expected with older properties, and it wouldn't really be feasible to test fully before buying.

In most cases the way of dealing with the risk is for the homeowner and/or traders to be aware of the potential issues and adopt a method of working which reduces the risks.

Likewise, there is growing concern about the health impacts of silica (e.g. Silicosis) - the way of dealing with that is awareness and the minimisation of dust creation. Future homebuyers won't be getting silica surveys and planning the wholesale removal from their new home.... as silica forms a substantial component of almost every solid wall.

That doesn't mean I don't think lead in paint is a problem, just that it is part and parcel of home ownership and its belated discovery is unlikely to be a compensation event.

Section62

Leogames said:

I'm not, with the greatest of respect, looking for individual viewpoints, opinions or anecdotes here -

Asking on a public forum where anonymous people give help free of charge is probably the wrong starting point then. None of us can advise in anything approaching a professional capacity.

Maybe a 'free' half-hour consultation with a solicitor firm?

user1977

Section62 said:

Leogames said:

• Me as the buyer, because buyer beware and I didn't test for it?

its belated discovery is unlikely to be a compensation event.

For what it's worth, I have never heard of anybody making such a claim or even proposing to.

I can't see that it affects the value or marketability of a property - it's one of those risks which is "priced in" to any property of a certain age.

k3lvc

Leogames said:

I'm not, with the greatest of respect, looking for individual viewpoints, opinions or anecdotes here - I'm looking to get it sorted and need to understand how to accommodate the costs involved.  Lead paint is an issue with pets and young children, particularly when we want to undertake works on the house, and I can tick all of the above in my case.

Not an individual viewpoint/opinion or anecdote - it's your responsibility so time to get your wallet out and plan how you'll get rid of it to get the finish/coatings you want.

All part of home purchase/ownership and something that, if it's important to you, you'll check in future prior to exchange.