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McCready v. Main St. Trust, Inc.

ELR Citation: 38 ELR 20220
Nos. No. 07-2096, (C.D. Ill., 08/05/2008)

A district court held that the Residential Lead-Based Paint Hazard Reduction Act does not allow for damages based solely on a seller's failure to disclose where the buyer of residential property does not incur any costs investigating or cleaning up the undisclosed lead-based paint. Consequently, the purchasers of property who failed to have an inspection done and did not uncover any lead paint are not entitled to nominal damages. Nor is their contract with the seller void under federal law for the failure to make the necessary disclosures.