Page:United States Statutes at Large Volume 106 Part 5.djvu/273

 PUBLIC LAW 102-550—OCT. 28, 1992 106 STAT. 3911 The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.". (4) COMPLIANCE ASSURANCE.— Whenever a seller or lessor has entered into a contract with an agent for the piirpose of selling or leeuiing a unit of target housing, the regulations promulgated under this section shall require the agent, on behalf of the seller or lessor, to ensure compliance with the requirements of this section. (5) PROMULGATION. —A suit may be brought against the Secretary of Housing and Urbcui Development and the Administrator of the Environmental Protection Agency under section 20 of the Toxic Substances Control Act to compel promulgation of the regulations required under this section and the Federal district court shall have jurisdiction to order such promulgation. (b) PENALTIES FOR VIOLATIONS.— (1) MONETARY PENALTY.— Any person who knowingly violates any provision of this section shall be subject to civil money penalties in accordance with the provisions of section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545). (2) ACTION BY SECRETARY.— The Secretary is authorized to take such lawful action as may be necessary to ei\join any violation of this section. (3) CIVIL LIABILITY. —Any person who knovdngly violates the provisions of this section shall be jointly and severally liable to the purchaser or lessee in an amount equal to 3 times the amount of damages incurred by such individual. (4) COSTS.—In any civil action brought tor damages pursuant to paragraph (3), the appropriate court may award court costs to the party commencing such action, together with reasonable attorney fees and any expert witness fees, if that party prevails. (5) PROHIBITED ACT. —It shall be a prohibited act under section 409 of the Toxic Substances Control Act for any person to fail or refuse to comply with a provision of this section or with any rule or order issued under this section. For purposes of enforcing this section under the Toxic Substances Control Act, the penalty for each violation applicable under section 16 of that Act shall not be more than $10,000. (c) VALIDITY OF CONTRACTS AND LIENS.— Nothing in this section shall affect the validity or enforceability of any sale or contract for the purchase and sale or lease of any interest in residential real property or any loan, loan agreement, mortgage, or lien made or arising in connection with a mortgage loan, nor shall anything in this section create a defect in title. (d) EFFECTIVE DATE.— The regulations under this section shall take effect 3 years after the date of the enactment of this title.

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