Under the Residential Lead-Based Paint Hazard Reduction Act of 1992, sellers of pre-1978 homes must disclose any known lead-based paint or hazards, provide the EPA lead pamphlet, include a specific lead warning statement in the contract, and give buyers a 10-day period to conduct a lead inspection (which the buyer can waive). Landlords of pre-1978 rentals have similar disclosure obligations. Real estate agents must ensure compliance. Penalties for non-compliance can include fines up to $19,507 per violation plus treble damages.
A seller lists a home built in 1965. Before the sale, the seller must provide the buyer with the EPA pamphlet, disclose any known lead paint, and allow the buyer 10 days to conduct a lead paint inspection. The buyer can waive the inspection but must be given the opportunity.
Pre-1978 is the key date—memorize it. Lead-based paint disclosure is FEDERAL (not just state). Sellers must disclose KNOWN lead paint but are NOT required to test for it. Buyers get a 10-day inspection period (waivable). Applies to residential property only, not commercial. This is one of the most heavily tested disclosures.
Related Terms
Related Concepts
Fair housing laws apply to a broad range of activities related to housing, including sale, rental, financing, and advertising.
Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.
Violating fair housing laws can lead to significant penalties, including fines, civil liability, and professional discipline.
Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.
A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.
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Lead-Based Paint Disclosure may have state-specific rules. Choose your state to study Mandated Disclosures with localized content: