“The EPA alleges that Respondent, as agent for the seller of the residential dwellings listed in Paragraph 22, failed to: Include as an attachment to the contracts to sell target housing, a statement by the purchaser affirming receipt of the information required under 40 C.F.R. § 745.113(a)(2) and (a)(3), and the lead hazard pamphlet required under 15 U.S.C. § 2686, in violation of 40 C.F.R. § 745.113(a)(4); and Include as an attachment to the contracts to sell target housing, a statement that the agent had informed the seller of the seller’s obligations under 42 U.S.C. § 4852d; and that the agent was aware of his/her duty to ensure compliance with the requirements of 40 C.F.R. Part 745, Subpart F, in violation of 40 C.F.R. § 745.113(a)(6).”

💡 This quote specifies exactly what Marchant Real Estate failed to do: provide buyer acknowledgments and agent certifications required by federal law.

“After review of the records, the EPA determined that Respondent had represented the seller for the purpose of selling the residential dwellings that are target housing at the following locations on the specified dates listed below: a. 8 Lindberg Avenue, Greenville, South Carolina 29601, built in 1950, contracted for sale in January 2025; and b. 107 Elm Street, Greenville, South Carolina 29605, built in 1945, contracted for sale in December 2022.”

💡 Both homes were built decades before the 1978 ban on lead paint, making them high-risk properties where disclosure is legally required.

“Pursuant to 40 C.F.R. § 745.115(a), each agent shall ensure compliance with all requirements of 40 C.F.R. Part 745, Subpart F. To ensure compliance, the agent shall: Pursuant to 40 C.F.R. § 745.115(a)(1), inform the seller of his/her obligations under 40 C.F.R. §§ 745.107, 745.110, and 745.113. Pursuant to 40 C.F.R. § 745.115(a)(2), ensure that the seller has performed all activities required under 40 C.F.R. §§ 745.107, 745.110, and 745.113, or personally ensure compliance with the requirements of 40 C.F.R. §§ 745.107, 745.110, and 745.113.”

💡 This establishes that real estate agents have direct legal responsibility for lead disclosure compliance, not just sellers.

“The term ‘target housing’ is defined at 40 C.F.R. § 745.103 to mean any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is less than six years of age resides or is expected to reside in such housing) or any 0-bedroom dwelling.”

💡 Both properties in this case fall squarely within the definition of target housing, triggering all federal disclosure requirements.

“Pursuant to 40 C.F.R. § 745.113(a)(4), each contract to sell target housing shall include an attachment containing the following element, in the language of the contract (e.g., English, Spanish): a statement by the purchaser affirming receipt of the information set out in 40 C.F.R. §§ 745.113(a)(2) and (a)(3) and the lead hazard information pamphlet required under 15 U.S.C. § 2686.”

💡 This is one of the two specific requirements Marchant Real Estate failed to include in its sales contracts.

“Pursuant to 40 C.F.R. § 745.113(a)(6), each contract to sell target housing shall include an attachment containing the following element, in the language of the contract (e.g., English, Spanish): a statement that the agent has informed the seller of the seller’s obligations under 42 U.S.C. § 4852d; and that the agent is aware of his/her duty to ensure compliance with the requirements of Subpart F of 40 C.F.R. Part 745.”

💡 This is the second requirement Marchant Real Estate failed to include, eliminating any record that the agent fulfilled their legal duty.

“For the purpose of this proceeding, as required by 40 C.F.R. § 22.18(b)(2), Respondent: admits that the EPA has jurisdiction over the subject matter alleged in this CAFO; neither admits nor denies the factual allegations set forth in Section IV (Findings of Facts) of this CAFO; consents to the assessment of a civil penalty as stated below; consents to the conditions specified in this CAFO; waives any right to contest the allegations set forth in Section V (Alleged Violations) of this CAFO; and waives its rights to appeal the Final Order accompanying this CAFO.”

💡 The firm avoided admitting wrongdoing while accepting a penalty and waiving all appeal rights.

“Respondent consents to pay a civil penalty, which was calculated in accordance with the Act, in the amount of ONE THOUSAND THREE HUNDRED DOLLARS ($1,300.00), which shall be paid within thirty (30) days of the Effective Date of this CAFO.”

💡 The total penalty for two violations affecting two families is $1,300, less than a typical real estate commission.

“In accordance with 40 C.F.R. § 22.18(c), Respondent’s full compliance with this CAFO shall only resolve Respondent’s liability for federal civil penalties for the violations and facts specifically alleged above.”

💡 The settlement resolves only the penalty; it does not require the firm to notify affected buyers or offer remediation.

“The EPA also reserves the right to revoke this CAFO and settlement penalty if and to the extent that the EPA finds, after signing this CAFO, that any information provided by Respondent was materially false or inaccurate at the time such information was provided to the EPA. If such false or inaccurate material was provided, the EPA reserves the right to assess and collect any and all civil penalties for any violation described herein.”

💡 The EPA retains enforcement authority if it discovers the firm misrepresented facts during the settlement process.

“by executing this CAFO, certifies to the best of its knowledge that Respondent is currently in compliance with all relevant requirements of 40 C.F.R. Part 745, Subpart F, and the Act; and agrees to comply with the terms of the CAFO.”

💡 The firm certified compliance only after the EPA enforcement action uncovered the violations.

“Pursuant to Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. § 4852d, also known as Title X of the Housing and Community Development Act of 1992, the EPA promulgated regulations at 40 C.F.R. Part 745, Subpart F (40 C.F.R. §§ 745.100-119) pertaining to the sale of ‘target housing.’ Pursuant to Title X, it is a prohibited act under Section 409 of TSCA, 15 U.S.C. § 2689, for any person to fail or refuse to comply with a provision of Title X or any rule or order issued under Title X.”

💡 Congress passed Title X specifically to protect children from lead poisoning in pre-1978 housing.

“40 C.F.R. Part 745, Subpart F imposes certain requirements on the sale of target housing. Generally, among other obligations under this Subpart, a seller of target housing shall disclose to the purchaser the presence of any known lead-based paint and/or lead-based paint hazards; provide available records and reports; provide the purchaser with a lead hazard information pamphlet; and attach specific disclosure and warning language to the purchase contract before the purchaser is obligated under a contract to purchase target housing.”

💡 These requirements give buyers critical information to protect their families from lead exposure before finalizing a purchase.

“This is an administrative penalty assessment proceeding brought under Section 16(a) of the Toxic Substances Control Act (TSCA or the Act), 15 U.S.C. § 2615(a), and Sections 22.13(b) and 22.18 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits, as codified at Title 40 of the Code of Federal Regulations (C.F.R.), Part 22.”

💡 The EPA has clear statutory authority to assess civil penalties for lead disclosure violations under TSCA.

“This CAFO shall become effective after execution of the Final Order by the Regional Judicial Officer, on the date of filing with the Regional Hearing Clerk.”

💡 The consent agreement became legally binding on September 22, 2025, when filed with the Regional Hearing Clerk at 9:41 am.