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Disclosures · federalLead-based paint disclosure: pre-1978 homes

For housing built before 1978, the seller must – before the buyer is bound by the contract – give the buyer the EPA lead pamphlet, disclose any known lead-based paint or hazards and hand over available reports, and give the buyer a 10-day opportunity to test for lead (the buyer may waive it or agree on another period in writing). The contract carries a signed attachment, and the seller and agents keep a copy for at least 3 years.

What the rule requires

  1. Pamphlet

    An EPA-approved lead hazard pamphlet, such as “Protect Your Family From Lead in Your Home”, before the buyer is obligated under the contract.

  2. Seller's disclosure

    Any known lead-based paint or lead-based paint hazards, with what the seller knows about them (basis, location, condition of painted surfaces), and any available records or reports – including on common areas.

  3. 10-day opportunity

    Before the buyer is obligated, the seller permits a 10-day period to conduct a risk assessment or inspection – unless the parties agree in writing on a different period, or the buyer waives it in writing.

  4. The attachment

    The contract includes an attachment, in the language of the contract (e.g. English or Spanish), with the Lead Warning Statement, the seller's disclosure, the list of reports, the buyer's acknowledgment, the agent's statement and the signatures with dates.

Which sales it covers

  1. Target housing

    Housing built before 1978 – except housing for the elderly or persons with disabilities (unless a child under 6 lives or is expected to live there) and zero-bedroom dwellings.

  2. Exempt

    Sales at foreclosure. For leases: lead-free certified housing, leases of 100 days or less with no renewal, and some renewals.

  3. Agents

    An agent acting for the seller must inform the seller of these obligations and is responsible for ensuring compliance; the attachment includes the agent's statement and signature.

  4. 3 years

    The seller and any agent keep a copy of the completed attachment for at least 3 years from the completion of the sale.

What the TC tracks

  • Year built in the listing and the contract – before 1978 means the lead attachment.
  • The signed attachment and pamphlet before the buyer signs the contract, not afterwards.
  • The 10-day evaluation window, or the written waiver or different period.
  • Copies of the attachment kept in the file for at least 3 years.
  • In Spanish-language contracts, the attachment in Spanish too.

Questions about the lead-based paint disclosure

Which homes need a lead-based paint disclosure?

Housing built before 1978, with exceptions for housing for the elderly or disabled (unless a child under 6 lives there) and zero-bedroom dwellings; foreclosure sales are exempt.

How long does the buyer have for a lead inspection?

Ten days, unless the parties agree in writing on a different period or the buyer waives the opportunity in writing.

When must the lead disclosure be given?

Before the buyer is obligated under the contract to buy.

How long must the lead disclosure be kept?

At least 3 years from the completion of the sale, by the seller and any agent.

Does the lead disclosure have to be in Spanish?

The attachment must be in the language of the contract – a Spanish-language contract gets a Spanish attachment.

Related guides

Keep the signed lead attachment with the deal documents in ClosingCode and add the 10-day evaluation window as a dated task.

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Sources: 24 CFR 35.82, 35.86, 35.88, 35.90 and 35.92; 40 CFR 745.110 (eCFR, read October 24, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm, brokerage or lead inspector.