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Lead-Based Paint Disclosure (Pre-1978 Properties)

The Lead-Based Paint Disclosure is federally required for any residential property built in 1978 or earlier. It must be completed and delivered to buyers or tenants before they are contractually obligated in a sale or lease.

Download the Lead Based Paint Notice & Disclosure
Download the Lead Hazard Pamphlet (Protect Your Family from Lead)

The Lead-Based Paint Disclosure is governed by the Residential Lead-Based Paint Hazard Reduction Act of 1992 and applies to all residential properties constructed in 1978 or earlier.

This is not optional. If a property was built in 1978 or earlier, this disclosure is required for both sales and leases.

When This Disclosure Is Required

Use this disclosure in the following situations:

  • Any residential property built in 1978 or earlier
  • All sales transactions involving qualifying properties
  • All lease transactions involving qualifying properties

The disclosure must be completed and delivered before a buyer or tenant becomes obligated under a contract

If this has not been completed, the seller or landlord cannot accept an offer until the disclosure requirements are satisfied.

What the Seller or Landlord Must Do

The seller or landlord has specific federal obligations, including:

  • Disclose any known lead-based paint (LBP) or lead-based paint hazards (LBPH)
  • Provide any reports or records related to lead-based paint
  • Deliver the EPA-approved pamphlet “Protect Your Family From Lead in Your Home”
  • Disclose information to agents and licensees involved in the transaction

If they have no knowledge of lead-based paint, they must explicitly state that.

What Must Be Provided to Buyers or Tenants

Before contract execution, the following must be delivered:

For sales transactions only:

  • Buyers must be given a 10-day opportunity to conduct a lead inspection or risk assessment (unless waived in writing)

Contract and Lease Requirements

For Sales

The disclosure must be included as an attachment to the contract and must include:

  • Federal lead warning statement
  • Seller’s disclosure of known conditions (or lack of knowledge)
  • Confirmation of documents provided
  • Buyer acknowledgment of receipt and inspection opportunity
  • Agent certification of compliance
  • Signatures from all parties

For Leases

The disclosure must either be included in the lease or attached and must include:

  • Lead warning statement for tenants
  • Disclosure of known conditions
  • Records/report disclosure
  • Tenant acknowledgment
  • Agent certification
  • Signatures from all parties

Record Retention Requirement

All parties must retain a copy of the completed disclosure:

  • Sales: At least 3 years after closing
  • Leases: At least 3 years from lease start date 

Important Notes for Easy Realty Agents

  • This is a federal requirement. Failure to comply can create serious legal liability.
  • The form must be completed before contract execution, not after.
  • Always verify the property year built before starting a transaction.
  • When in doubt, use the disclosure. It is safer to include it than exclude it.