Lead-Based Paint Disclosure for a Sale
Free lead-based paint disclosure for sellers of a pre-1978 home. Federal law (42 U.S.C. § 4852d) in all 50 states. Disclose, give the EPA pamphlet, allow the buyer's 10-day inspection, sign, and download in PDF & Word.
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How to complete the disclosure
The whole job, start to done.
- 1
Confirm the home predates 1978.
if it was built in 1978 or later, you do not need this form.
- 2
Disclose what you know.
List any known lead-based paint and hazards, or state that you know of none.
- 3
Attach any records.
Include available reports, or note that you have none.
- 4
Give the EPA pamphlet.
Provide Protect Your Family from Lead in Your Home, and note it on the form.
- 5
Offer the 10-day inspection
Let the buyer inspect or assess for lead before signing, unless they waive it in writing.
- 6
Sign, attach, and keep.
You and the buyer sign before the contract, attach it, and keep it for three years.
Property sale lead-based paint disclosure
Preview the disclosure, then download
Preview a blank disclosure, then download it with the sale Lead Warning Statement built in, ready to attach to your sales contract.
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Most popularWhat if it's not that simple?
Not everything is black and white. Here are a few edge cases to be aware of and what to do if they occur.
What if I do not know whether there is lead?
You still disclose. State that you have no knowledge and no reports. The duty is to share what you know, not to test.
Can the buyer waive the 10-day inspection?
Yes, in writing. The buyer can agree to a shorter window or waive it. Put that agreement in the contract.
What if I am selling by owner, with no agent?
You still disclose. The duty is the seller's. With no agent, no one certifies on the agent line, but your obligations stand.
Is a foreclosure sale covered?
No. Foreclosure sales are exempt, so the disclosure is not required. Other state disclosures may still apply.
What if I am renovating before I sell?
A different rule applies. Disturbing paint in a pre-1978 home triggers the EPA RRP rule for contractors, which is separate from this disclosure.
The guide to lead-based paint disclosure for a sale
What is a lead-based paint disclosure?
A lead-based paint disclosure is a federal form you give a buyer before selling most homes built before 1978. You disclose any known lead-based paint and hazards, hand over the EPA pamphlet, and give the buyer a 10-day window to inspect.
The rule comes from Title X (42 U.S.C. § 4852d), and it applies the same way in every state. It is not about testing. It is about telling your buyer what you already know.
Key takeaways for sellers
· Applies to pre-1978 sales: you need it before the buyer signs the sales contract, for most homes built before 1978.
· Give the pamphlet: hand over the EPA booklet, Protect Your Family from Lead in Your Home.
· Disclose what you know: share known lead paint and hazards, and any records; you do not have to test.
· Allow the 10-day inspection: the buyer may inspect or assess for lead before signing; this step is unique to sales.
· Keep it three years: retain the signed disclosure for at least three years after the sale.
What it must include
· The Lead Warning Statement: the exact federal language, sale version.
· Your disclosure: what you know about lead paint and hazards, or that you know of none.
· Records and reports: a list of any available reports, or a note that there are none.
· The EPA pamphlet: confirmation that you gave Protect Your Family from Lead in Your Home.
· The 10-day opportunity: the buyer's acknowledgment of the inspection window, or a written waiver.
· Signatures and dates: you, the buyer, and any agent who helped.
Common mistakes to avoid
· Skipping it on an older home: if it predates 1978 and is not exempt, the form is required.
· Using the lease warning statement: the sale version is different; use the sale one.
· Denying the 10-day inspection: the buyer is entitled to it unless they waive it in writing.
· Forgetting the pamphlet: giving the disclosure but not the EPA booklet still breaks the rule.
· Not keeping a copy: hold the signed disclosure for three years.
Using it with your sale
Attach the signed disclosure to your sales contract. Pair it with your residential purchase agreement, and keep it with your closing file. A deed transfers title at closing; the disclosure happens before the contract is signed.
If you are renting the home instead of selling it, use the disclosure for a lease. For the full federal picture, see the lead-based paint disclosure hub, and for more sale forms, the purchase agreements hub.
Does it apply to your sale?
Most pre-1978 sales need the disclosure, but a few are exempt. Check your situation below. When in doubt, give it; the form is free and the downside is not.
| Your sale | Disclosure required? |
|---|---|
| Home built before 1978 | Yes, required. |
| Home built in 1978 or later | No. Lead paint was banned for homes that year. |
| Foreclosure sale | No, exempt. |
| Studio or other zero-bedroom unit | No, exempt. |
| Home certified lead-free by a licensed inspector | No, exempt. |
| Elderly or disabled housing with no child under 6 | No, exempt. |
Lead-based paint disclosure for a sale FAQ
Does this apply to a home built after 1978?+
Do I have to test for lead before selling?+
How long is the buyer's inspection period?+
What if the home was built in 1978 or later?+
What are the penalties for skipping it?+
How long do I keep the signed disclosure?+
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