In what scenario is a real estate agent protected from liability related to lead-based paint?

A real estate agent is protected from liability related to lead-based paint in a scenario where the landlord or seller did not disclose the hazard. The federal regulations require sellers and landlords to disclose the presence of lead-based paint in properties built before 1978. If the owner fails to provide this disclosure, the agent can argue that they fulfilled their duty by relying on the information provided by the seller or landlord. Therefore, if the hazard was not disclosed by the property owner, the real estate agent is not held liable for any issues arising from lead-based paint since they did not have knowledge of it.

In contrast, if the tenant is aware of the lead-based paint, it does not mitigate the agent's responsibilities; if a property has been renovated, lead-based paint may still exist unless specifically tested and confirmed otherwise; and if an inspection was not required, knowledge or disclosure of lead-based paint hazards still mandates the agent to act appropriately, emphasizing the importance of disclosure in real estate transactions.