Lead Based Paint Disclosure

· 2 min read
If your home was built before 1978, federal law requires you to disclose the potential presence of lead-based paint before selling — no exceptions, no…

If your home was built before 1978, federal law requires you to disclose the potential presence of lead-based paint before selling — no exceptions, no workarounds. This isn’t optional, and the penalties for skipping it are steep.

What the Law Requires

The Residential Lead-Based Paint Hazard Reduction Act of 1992 applies to every home built before 1978. As a seller, you must provide buyers with a specific EPA-approved pamphlet (“Protect Your Family From Lead in Your Home”), disclose any known lead paint hazards, share any existing lead inspection reports, and give the buyer 10 days to conduct their own lead inspection.

Both you and the buyer sign a disclosure form acknowledging these steps were completed. Your agent signs too, confirming they informed you of the requirement.

Why 1978?

The federal government banned lead-based paint in residential properties in 1978. Homes built before that year — roughly 38 million in the U.S. — may contain lead paint on walls, trim, doors, and window frames. Lead exposure is particularly dangerous for children under six, causing developmental delays, learning disabilities, and other serious health problems.

What You Have to Know

You’re only required to disclose what you know. If you’ve never had a lead inspection and have no knowledge of lead paint, you can state that on the form. You’re not required to go hunting for it.

But if you’ve had the paint tested, done renovations that disturbed painted surfaces, or received a lead inspection report from a previous transaction, you must share that information. Concealing known results is a federal violation.

Penalties for Non-Compliance

Failing to provide the required disclosure can result in fines up to $19,507 per violation. Buyers can also sue for triple damages if they discover lead paint that you knew about and didn’t disclose. Some sellers have faced both civil fines and private lawsuits simultaneously.

This is one disclosure you absolutely cannot skip. Check the selling guide for more on required paperwork, and visit the glossary for related terms like seller disclosure and property condition report.