Randall v. Laconia, NH, No. 11-1412 (1st Cir. 2012)Annotate this Case
In 1998, the city purchased a house, built before 1978, to provide storage. The seller provided a lead paint inspection report, based on a 1996 inspection, indicating the presence of lead-based paint. When the city sold the house in 2003, it provided a blank, pre-printed, standard lead-based paint disclosure form, which the buyer and his agent signed. The agent informed the buyer that the city would complete the form later. The city never completed the form nor did it turn over the 1996 report. The buyer moved into the home with his family. In 2008, tests taken at his son's two-year physical revealed an elevated blood lead level. The state of New Hampshire performed an inspection, which revealed lead-based paint hazards. In 2010, more than six years after the purchase, the buyer sued under 42 U.S.C. 4852d, which requires disclosure of lead-based paint hazards in sales of homes built before 1978. He alleged that he had received an estimate of approximately $126,000 to perform abatement. The district court granted summary judgment in favor of the city based on a three-year limitations period. The First Circuit affirmed. The claim accrued when the city failed to disclose.