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
Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.
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.
A seller's disclosure statement is a form that sellers complete to inform buyers about the condition and history of the property, including known defects, past repairs, insurance claims, and environmental issues.
Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.
Megan's Law requires states to make information about registered sex offenders available to the public. Some states require real estate agents to inform buyers about the availability of sex offender registries.
Frequently Asked Questions
Study This in Your State
Lead-Based Paint Disclosure may have state-specific rules. Choose your state to study Mandated Disclosures with localized content: