Lead-Based Paint Disclosure

When the Lead-Based Paint Disclosure Is Required

Federal law requires a lead-based paint disclosure for most residential properties constructed prior to 1978. This requirement applies regardless of whether lead-based paint is known to exist.

• Single-family homes built before 1978
• Condos, townhomes, and duplexes built before 1978
• Most residential properties offered for sale or lease

Certain limited exemptions may apply, but most traditional home sales fall under the disclosure requirement.

What the Disclosure Covers

The disclosure is designed to ensure buyers receive clear information about potential lead-based paint hazards and understand their rights before becoming obligated under a contract.

• Seller’s knowledge: whether the seller knows of lead-based paint or lead hazards
• Records and reports: whether any reports or documentation exist and are provided to the buyer
• EPA pamphlet delivery: confirmation that buyers received the required federal information
• Buyer acknowledgment: buyer signatures confirming receipt and understanding

What Sellers Must and Must Not Do

What Sellers Must Do

• Disclose any known lead-based paint or lead hazards
• Provide any existing reports or records related to lead
• Deliver the EPA-required lead hazard information pamphlet
• Allow the buyer the opportunity to conduct a lead inspection (if elected)

What Sellers Should Not Do

• Guess or speculate about lead presence
• Assume a prior remodel eliminates the requirement
• Withhold known reports or prior test results
• Rush signatures without proper delivery and acknowledgment

As with all disclosures, accuracy and documentation matter more than assumptions.

Buyer Rights You Should Be Aware Of

Buyers are entitled to specific protections under federal law. These rights typically include:

• Receiving the disclosure before becoming contractually bound
• Receiving the EPA lead hazard pamphlet
• A 10-day opportunity to conduct a lead-based paint inspection (unless waived in writing)

These rights must be acknowledged in writing. Improper timing or missing signatures can create compliance issues even if the transaction otherwise appears straightforward.

How the Disclosure Fits Into the Two70 Seller Process

1. Pre-Listing Appointment: confirm year built and applicability
2. Disclosure Preparation: gather any known records or reports
3. Listing Setup: disclosure ready before or at offer stage
4. Buyer Contract: disclosure delivered with proper timing
5. Inspection Period: buyer may elect a lead inspection

Handling this early prevents last-minute scrambling and protects both sides of the transaction.

Related Seller Process Pages

• Pre-Listing Appointment
• Listing Agreement (RE-16)
• Seller Property Condition Disclosure (RE-25)
• Property Profile From Title
• Seller Net Sheet
• Creating the MLS Listing

Note: Some links may be new pages we’re building next in this Seller Guides & Process series.