Lead-Based Paint Disclosure
Federal requirements for homes built before 1978
Federal Law Requirement
The Residential Lead-Based Paint Hazard Reduction Act of 1992 (also known as Title X) is a federal law that requires sellers and landlords of homes built before 1978 to provide specific information about lead-based paint and lead-based paint hazards before the sale or lease of housing.
Violations Can Result In:
- Civil penalties up to $21,063 per violation
- Criminal penalties for knowing violations
- Legal liability to buyers for damages
- Voided sale contracts
Does This Apply to Your Home?
The lead-based paint disclosure requirements apply based on when your home was built:
Built Before 1978
REQUIRED: You must complete the lead-based paint disclosure and provide the EPA pamphlet to buyers.
This includes all residential properties constructed before January 1, 1978.
Built 1978 or Later
NOT REQUIRED: Lead-based paint disclosure is not required for homes built in 1978 or after.
Lead-based paint was banned for residential use in 1978.
Not Sure of Your Home's Construction Date?
Check your property tax records, deed, original construction permits, or county assessor records. If you cannot determine the exact year, assume it was built before 1978 to ensure compliance.
Three Required Components of Lead-Based Paint Disclosure
Federal law requires sellers to complete ALL THREE of the following:
Disclosure of Known Lead-Based Paint
You must disclose any known information about lead-based paint and lead-based paint hazards in the property.
What to Disclose:
- Presence of lead-based paint in the home (if known)
- Location of lead-based paint (specific rooms, surfaces)
- Condition of painted surfaces
- Any previous testing or inspection reports
- Records of any lead hazard reduction or abatement work
Provide Available Records & Reports
You must provide buyers with any records or reports about lead-based paint and/or lead-based paint hazards that are available to you.
Examples of Required Records:
- Previous lead inspection or risk assessment reports
- Lead testing results (paint chips, dust, soil)
- Certificates of lead-safe work practices
- Abatement or mitigation reports
- Records of lead-related repairs or renovations
Note: If you have no records or reports, you must simply state that in the disclosure form.
Provide EPA Lead Hazard Information Pamphlet
You must provide buyers with the EPA-approved pamphlet titled "Protect Your Family from Lead in Your Home" before they become obligated under the purchase contract.
About the EPA Pamphlet:
- Published by the U.S. Environmental Protection Agency (EPA)
- Explains health risks of lead exposure, especially to children
- Describes how to identify and reduce lead hazards
- Available in multiple languages
- Can be provided in physical or electronic format
Oklahomey Provides This: We automatically include the EPA pamphlet with your listing documents and disclosure package, so you don't need to obtain it separately.
Buyer's 10-Day Right to Inspect
Federal law gives buyers a 10-day period to conduct a lead-based paint inspection or risk assessment before becoming obligated to purchase the property.
Buyer's Inspection Options
- •Conduct an inspection: Hire a certified lead inspector or risk assessor to test for lead paint
- •Waive the inspection: Buyer can choose to waive their right to conduct an inspection
- •Negotiate a shorter period: Both parties can agree to less than 10 days (or more)
Your Obligations During This Period:
- Allow reasonable access for inspectors to test painted surfaces
- Do not interfere with or obstruct the inspection process
- Provide access to all areas of the home including attics, basements, crawl spaces
How to Complete the Lead-Based Paint Disclosure Form
The disclosure form has several key sections you must complete:
Section 1: Seller's Disclosure
You must check one of the following (be truthful - this is a federal form):
☐ Known lead-based paint and/or lead-based paint hazards are present:
Explain: Location(s) of lead paint, condition, any testing done, etc.
☐ Seller has no knowledge of lead-based paint and/or lead-based paint hazards:
Most common answer if you've never had testing done and aren't aware of lead paint
Section 2: Records & Reports
You must check one:
☐ Seller has provided buyer with all available records and reports:
Attach copies of inspection reports, test results, abatement certificates, etc.
☐ Seller has no reports or records:
Most common if property has never been tested for lead
Section 3: Buyer Acknowledgment
Buyer must acknowledge receipt of the EPA pamphlet and their 10-day inspection right. This section is completed by the buyer and their agent.
Section 4: Agent Acknowledgment
Real estate agents (both listing and buyer's agents) must sign confirming they informed their clients of their obligations. Oklahomey handles this as your listing broker.
Common Questions About Lead-Based Paint Disclosure
What if I don't know if there's lead paint in my home?
That's completely normal and acceptable. You can check the box stating "Seller has no knowledge of lead-based paint" and "Seller has no reports or records." You are NOT required to test for lead paint before selling, but you must disclose if you do know about it.
Am I required to test for lead paint before selling?
No. Federal law does not require sellers to conduct lead testing. You only must disclose what you actually know. However, buyers have the right to conduct their own testing during the 10-day inspection period.
What if I painted over old lead paint?
Painting over lead paint does not eliminate it. If you know there's lead paint underneath new paint, you must disclose it. Encapsulated lead paint (covered by new paint in good condition) is generally not a hazard unless disturbed during renovations.
My home was built in 1977 but renovated recently. Do I still need to disclose?
Yes. The disclosure requirement is based on when the home was originally constructed, not when it was renovated. If built before 1978, disclosure is required regardless of renovations.
What happens if a buyer finds lead paint during their inspection?
If a buyer's inspection reveals lead paint, they may: (1) proceed with the purchase as-is, (2) negotiate for you to remediate or reduce the price, or (3) terminate the contract if their inspection contingency allows. The presence of lead paint does not automatically void the sale.
Can I sell "as-is" and avoid lead paint disclosure?
No. Federal lead-based paint disclosure is required for ALL sales of pre-1978 housing, regardless of whether it's sold "as-is" or with warranties. This is a federal law that cannot be waived by contract terms.
What are the health risks of lead paint?
Lead is highly toxic, especially to young children and pregnant women. It can cause learning disabilities, behavioral problems, and damage to the brain and nervous system. Lead paint becomes hazardous when it chips, peels, or creates dust during renovations. The EPA pamphlet provides detailed health information.
Properties Exempt from Lead-Based Paint Disclosure
The following types of properties are exempt from federal lead-based paint disclosure requirements:
Best Practices for Lead-Based Paint Disclosure
- •Complete the form carefully: This is a federal document with serious penalties for false statements
- •Provide the EPA pamphlet early: Give it to prospective buyers at first showing if possible
- •Keep copies of everything: Maintain copies of signed disclosures for at least 3 years
- •If you had testing done, share results: Even if negative, provide reports to buyers
- •Don't disturb painted surfaces before sale: Scraping or sanding old paint can create lead hazards
- •Consider testing if uncertain: If you're unsure, professional testing gives you definitive answers
Additional Resources
EPA Lead Information
Visit EPA.gov/lead for comprehensive information about lead hazards, testing, and abatement.
National Lead Information Center
Call 1-800-424-LEAD (5323) or visit NLIC for questions about lead hazards and disclosure requirements.
Questions About Lead-Based Paint Disclosure?
Our team can help you understand your lead-based paint disclosure obligations and ensure compliance with federal law.