Under the federal lead-based paint rule, how many days does a buyer of pre-1978 target housing generally have to conduct a lead-based paint risk assessment or inspection, and can that period be changed?

Correct Answer

A) 10 days; the period can be increased, decreased, or waived entirely if both parties agree in writing.

Under 40 CFR § 745.107(b), buyers of target housing must be given an opportunity of not less than 10 days — unless the parties mutually agree in writing to a different period — to conduct a risk assessment or inspection for lead-based paint hazards. The parties may shorten, lengthen, or waive this opportunity by written agreement, giving the rule meaningful flexibility while still protecting buyers who want to test.