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Q. Do I need to disclose whether there are lead water pipes in a property I manage?

A. Yes, lead pipes serving the property would certainly qualify as a material adverse fact that you must disclose by law.

This question comes up every so often in relation to the Revised Lead and Copper Rule. This rule requires water companies to identify any lead pipes they have in their system. So you are not required to start digging (pun intended) into this. The rule requires the water company to provide you with a disclosure and educational materials if they identify there is a lead pipe going into the property. The rule also requires the water company to replace it and provides funds for them to do so. 

Remember that the duty to disclose material adverse facts requires actual knowledge. It’s not enough to think you do, it requires actual knowledge. If the water company has identified your property as being served by lead pipes by providing the disclosure, then you are deemed to have actual knowledge.  

What this means is if you receive a disclosure and educational materials from the water company you can hand a copy of them to the prospective tenant or current tenant. This would serve as your disclosure of material adverse facts. Unlike lead based paint, there is no additional form or additional rights. It’s merely a ‘if you know you know’ situation. You also don’t have a duty to remediate; the water company does. 

For any additional questions, please contact us through the Virginia REALTORS® Legal Hotline.  

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