§35.90. Opportunity to conduct an evaluation. — Inbound Citations

(1) Inform the seller or lessor of his/her obligations under §§ 35.88, 35.90, and 35.92.

(e) Failure or refusal to comply with § 35.88 (disclosure requirements for sellers and lessors), § 35.90 (opportunity to conduct an evaluation), § 35.92 (certification and acknowledgment of disclosure), or § 35.94 (agent responsibilities) is a violation of 42 U.S.C. 4852d(b)(5) and of TSCA section 409 (15 U.S.C. 2689).

(1) Subpart A (§§ 35.80 through 35.98) for disclosures of known lead-based paint hazards upon sale or lease of residential property;

(i) Received the opportunity to conduct the risk assessment or inspection required by § 35.90(a); or