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To Civllecpm:

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JETX

Senior Member
This ENTIRE issue arises from a post made by CvilleCPM in an earlier thread.

She said, "You were NOT pregnant when you originally moved in in Dec'01 so eventhough the property was pre-78, the landlord * UNDER THE FEDERAL RULES THAT ARE APPLICABLE IN VA* had no duty to disclose even if she knew of any lead paint. In VA, KNOWING = HAVING HAD IT TESTED which is why landlords "don't ask, don't tell"."

and:
"In VA, knowledge = has been tested by certified lead abatement firm....just suspecting because of age of the property is not sufficient to make a landlord/rental property owner disclose that there could be lead....the X is in the box = Has no knowledge.

Sellers of property are not testing and landlords are not testing because if they did have ACTUAL knowledge, then they would have to disclose and they don't want to have to do that - hence, don't ask (for certified testing) and don't have to tell (disclose)."
https://forum.freeadvice.com/showthread.php?threadid=125921

She was 'challenged' on this statement as it was clearly NOT accurate at that time, and still isn't.
A long back-and-forth continued in that thread where she continued to deny that a landlord is REQUIRED to disclose or notice the tenant of the POSSIBLE hazard.

She comes forth now and tries to 'spin' her way out of the earlier incorrect statements.... and really just confirms what HG and I were trying to get her to 'wake up to' a long time ago.
 

JETX

Senior Member
Cville said: "Court cases cited in previous posts are for states other than VA... "

Sorry, but the case I provided (Doe v. Wallace and Florence Rich) IS a case out of Virginia (Portsmouth Circuit Court)!!
 

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