During a 4/3026 video conference with EPA, NAR, Ohio AOR, CT AOR, SCR: EPA Marc Edmonds sent this link via chat:
https://www.epa.gov/sites/default/files/documents/1018fin.pdf
This link’s Question 12 addresses state law and ethics issues that prohibit a buyer agent from improperly contacting the seller client of a listing brokerage and allow the buyer agent to fulfill their EPA lead hazard duties by communicating with the listing agent, who is the agent of the seller.
12.Q: Given that the selling agent in real estate transactions may be prohibited by State or local law from direct communication with the seller, how can they inform the seller of his or her responsibilities under this rule? A: Where State or local laws prohibit direct contact, EPA and HUD have determined that the selling agent may inform the listing agent of the seller’s responsibilities under this rule and may sign the disclosure form to that effect. Regardless of the actions or involvement of the selling agent, however, the listing agent is still responsible for informing the seller of his or her duties under this rule.
This matches the current SCR hotline workaround for the Lead Hazard Form SCR315 (g) where the buyer agent must represent compliance with the seller client of another listing brokerage. Email and talk to the listing agent about lead hazard duties.
It is fairly easy and low risk for a buyer brokerage to lead duties inform a FSBO seller or their own listing brokerage’s seller client/customer without the risks of improper communication with the client of another brokerage where the above workaround complies with EPA guidance per EPA Marc Edmonds.
https://screaltors.org/wp-content/uploads/Forms/315.pdf
https://www.epa.gov/sites/default/files/documents/selr_eng.pdf
Agent’s Acknowledgment (initial or enter N/A if not applicable)
(f) _____________ Seller’s Agent has informed the seller of the seller’s obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance.
(g) _________ Purchaser’s Agent has informed the seller of the seller’s obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance.1
1 Only required if the purchaser’s agent receives compensation from the seller.
Posted by: Byron King on 4/30/26 (This information is only accurate as of 4/30/26. You must contact SCR for updates and changes to this information after 4/30/26, as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.