Moorhead, Minnesota, Real Estate Company Sentenced for Failing to Provide Lead-Based Paint Disclosure

FARGO - United States Attorney Mac Schneider announced that on December 3, 2024, U.S. Magistrate Judge Alice R. Senechal sentenced Valley Property Partners LLC, d/b/a "House Dudes," a Moorhead, Minnesota, based real estate company, to: 1) pay $4,274.78.00 in restitution and $10,000 in fines; 2) serve one-year probation; and 3) perform 50 hours of community service for failing to provide a home purchaser with lead-based paint disclosures as required by the Toxic Substances Control Act. As part of the sentence in this case, Valley Property Partners LLC has agreed to include a notice on its website about the harmful effects of lead-based paint exposure and its required obligations to home buyers pertaining to lead-based paint disclosures.

As stated in the information and plea agreement, On October 16, 2019, Valley Property Partners LLC sold a pre-1978 built home, located in Hillsboro, North Dakota, to a purchaser but failed to provide this purchaser with required lead-based paint disclosures in violation of the Toxic Substances Control Act. In April 2022, medical personnel diagnosed two children, aged between one and two years old at the time, who were living at the residence, with elevated blood lead levels. In June 2022, the North Dakota Department of Environmental Quality (NDDEQ) conducted an inspection for the presence of lead-based paint at the home located in Hillsboro, North Dakota. During this inspection, NDDEQ obtained positive results for lead-based paint in multiple areas of the home, including in areas of the children's playroom.

"The Toxic Substances Control Act protects kids and homebuyers, and while most sellers make the required disclosures in good faith, there can be serious health impacts on children when the law is violated," Schneider said. "As this case shows, there are also legal consequences for the violators. I want to thank our career prosecutors and their federal and state partners for providing accountability and reaching a fair outcome in this case."

"Childhood lead exposure remains a significant public health concern and the EPA is committed to reducing lead exposures among children, who are the most vulnerable to the effects of lead," said Special Agent in Charge Lance Ehrig of the Environmental Protection Agency's Criminal Investigation Division (EPA CID) in North Dakota. "The actions of the defendant in this case resulted in two childhood lead exposures, which could have been prevented if the defendant had followed the law. Today's sentencing demonstrates that those who violate our nation's environmental laws and place children at risk will be held accountable for their actions."

This case was investigated by the United States Environmental Protection Agency - Criminal Investigation Division with assistance from the North Dakota Department of Environmental Quality.

Assistant U.S. Attorney Jonathan J. O'Konek prosecuted this case.

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