Lead Paint Disclosure

If you’re a seller of a home built prior to 1978, or a buyer considering purchasing a home built prior to 1978, you should become familiar with current EPA regulations surrounding lead paint in housing. There are two main lead paint regulations that impact home sales—the lead paint disclosure regulation outlined on this page, and the lead paint renovate, repair and paint regulation addressed separately.

Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X, to protect families from exposure to lead from paint, dust, and soil. Section 1018 of this law directed HUD and EPA to require the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.  — HUD.gov

Before leasing or purchasing a property built before 1978, the act states a buyer must:

• Review the EPA Pamphlet “Protect Your Family From Lead In Your Home”.
• Be provided any known information or reports concerning lead-based paint in the property.
• Be provided a ten-day opportunity to test for lead paint if desired.

According to the EPA, only 34% of all homes in the United States contain lead paint, however as demonstrated in the chart below, the older the home, the more likely it is to contain lead paint.

Source: EPA.gov

In our market, very few homeowners are aware of lead paint in their properties and very few people have tested for lead paint in their homes.

If you want to learn about possible lead paint in a property you are purchasing, you have the right to test the property before purchase. If you plan on doing renovations the the property, you should also be aware of the repair, renovation and painting regulations.

Your broker will ensure you receive all the appropriate documents and disclosures and that you are in compliance with the applicable regulations.