Lockport, NY – A former RealtyUSA real estate broker has been sentenced for knowingly concealing lead-based paint hazards in a home sale, resulting in a child’s lead poisoning. Maureen Walck, 53, was sentenced on January 9, 2018, after pleading guilty to violating the Toxic Substances Control Act (TSCA).
According to court documents, Walck had exclusive rights to sell a residence in Lockport, New York, built around 1900. The homeowner explicitly informed Walck about the presence of lead-based paint hazards and provided copies of prior inspection reports detailing these dangers. Despite this knowledge, Walck misrepresented the property’s condition to prospective buyers.
In January 2014, a first prospective buyer received a contract that *did* acknowledge the lead-based paint risks and included relevant documentation. However, after their own inspection and review of the records, they cancelled the agreement. Just weeks later, on February 6, 2014, Walck presented a contract to a second prospective buyer, falsely stating the seller had no knowledge of lead-based paint and that no records existed. This second sale closed on April 11, 2014.
The deception came to light in September 2015 when the new homeowners discovered their child had been diagnosed with lead poisoning. This prompted an investigation by the U.S. Environmental Protection Agency’s Criminal Investigation Division, alongside Special Agents from the U.S. Department of Veterans Affairs, Office of Inspector General.
Legal Ramifications
Walck was sentenced to time served, a $1,000 fine, and ordered to pay $53,326.07 in restitution to the victims – the family impacted by the lead poisoning. The charges stemmed from violations of 15 U.S.C. 2615(b) and 15 U.S.C. 2689, sections of the Toxic Substances Control Act designed to protect the public from exposure to lead-based paint hazards. These laws mandate the disclosure of known lead-based paint information during property sales.
Key Facts
- Defendant: Maureen Walck
- Location: Lockport, New York
- Crime: Fraudulent non-disclosure of lead-based paint hazards
- Victim: Family whose child was diagnosed with lead poisoning
- Statutes Violated: 15 U.S.C. 2615(b), 15 U.S.C. 2689 (Toxic Substances Control Act)
- Sentence: Time served, $1,000 fine, $53,326.07 restitution
- Investigation Agencies: U.S. EPA Criminal Investigation Division, U.S. Department of Veterans Affairs OIG
This case highlights the critical importance of full disclosure in real estate transactions, particularly regarding known environmental hazards. The EPA continues to prioritize the enforcement of regulations designed to protect public health and ensure that buyers are fully informed about potential dangers within a property.
Source: EPA ECHO Enforcement Case Database
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