Short answerWhen selling a home built before 1978, the seller must disclose known lead based paint or hazards and share any reports, give the buyer the EPA lead pamphlet, include the required disclosure language, and give the buyer a 10 day chance to test for lead, which the buyer can waive in writing.
What does the rule require?
- Disclose known lead based paint and lead based paint hazards, and provide any records or reports.
- Give the buyer the EPA pamphlet Protect Your Family From Lead in Your Home.
- Include the federal lead warning and disclosure language in or with the sales contract.
- Give the buyer a 10 day opportunity to have a lead inspection or risk assessment. The parties can agree in writing to a different period, and the buyer can waive it.
- Keep signed copies for at least three years.
The rule does not require a seller to test for lead or remove it.
How does lead affect repairs and loans?
Renovation, repair, and painting work that disturbs paint in pre 1978 homes is covered by EPA's lead safe work practice rules for contractors. On FHA loans, HUD tells the appraiser to note defective paint on pre 1978 homes and require repair under federal lead rules. Peeling paint and government loans.
If you are selling
Your listing paperwork will include the lead disclosure form. Answer what you know, attach any reports, and fix peeling paint before listing using lead safe practices so it does not block an FHA buyer. Ask a real estate attorney if you are unsure what to disclose.
If you are buying
Decide whether to use your 10 day testing window. If you have young children or plan renovations, testing is worth considering. Note peeling paint at the showing; it may become a lender required repair.
Frequently asked questions
Does the seller have to test for lead?
No. The seller must disclose what they know and give the buyer the chance to test.
Can a buyer waive the 10 day lead testing period?
Yes, in writing. The parties can also agree to a different period.
Does the rule apply to houses built in 1978?
The federal rule covers most housing built before 1978.
Keep reading
Want to know what a buyer's inspector may find before they do?
Book a free pre listing condition walk. I walk the house with you, point out what inspectors and FHA, VA, and USDA appraisers tend to flag, and give you planning ranges so you can decide what to fix, credit, price in, or disclose.
Book a condition walkOr call or text (812) 525-5489, or email [email protected].
The condition walk is a REALTOR® and contractor evaluation, not a home inspection, and it does not replace one. If you have already signed a listing agreement with another agent, please take these questions to your agent.
Looking at a house and not sure what you are getting into?
Ask for a free Before You Offer review. Send me the listing. I look over the photos, the seller's disclosure, and recent sales, then flag likely condition issues and planning cost ranges before you write an offer.
Request a Before You Offer reviewOr call or text (812) 525-5489, or email [email protected].
The Before You Offer review is a REALTOR® and contractor review of the listing, not a home inspection. It is for buyers who are not already working with an agent. If you have an agent, please bring these questions to your agent.
Sources
- HUD, The Lead Disclosure Rule
- EPA and HUD Real Estate Notification and Disclosure Rule Q&A
- HUD Handbook 4000.1 II.D.3 and 24 CFR 200.810, defective paint
Written by John Long, REALTOR®, 1 Percent Lists Indiana Real Estate. Working contractor who has priced hundreds of home inspection repair requests. Former labor relations negotiator for a major manufacturer and U.S. Coast Guard veteran.
John Long, REALTOR® · 1 Percent Lists Indiana Real Estate · (812) 525-5489 · yourpropertynegotiator.com
This page is general information, not a substitute for a professional home inspection, and not legal, tax, insurance, or lending advice. Ask a real estate attorney about contracts and disclosure, a CPA about taxes, your lender about loan rules, and a licensed inspector or tradesperson about your house. Nothing here guarantees a sale price, net proceeds, repair cost, payment, timeline, appraisal, inspection result, or loan approval. Cost figures are planning estimates, not bids. I own Wardmark Property Operations LLC, a contracting company. You are always free to use any contractor you choose.