The standard New Jersey Real Estate Agreement of Sale as used by the members of the New Jersey Association of Realtors provides in the section “BUYERS DUE DILIGENCE” the following clause:

Lead-Based Paint Hazards (For Properties built prior to 1978 only) Before Buyer is obligated to purchase a residential dwelling built prior to 1978, Buyer has the option to conduct a risk assessment and/or inspection of the Property for the presence of lead-based paint and/or lead-based paint hazards.

Remove: Regardless of whether this inspection is elected or waived, the Residential Lead-Based Paint Hazard Reduction Act requires a seller of property built prior to 1978 to provide the Buyer with an EPA-approved lead hazards information pamphlet titled “Protect Your Family from Lead in Your Home,” along with a separate form, attached to this Agreement, disclosing Seller’s knowledge of lead-based paint hazards and any lead-based paint records regarding the Property.

As such, Lead Testing Services will perform this testing on behalf of either the buyer or seller as part of a real estate transaction.