Updated November 2026. What the federal lead paint disclosure asks of home sellers, line by line, checked against the EPA rule pages and 40 CFR Part 745.
Lead paint disclosure is a federal form sellers of homes built before 1978 must complete before a buyer is bound by the contract. As of November 2026, you give the EPA pamphlet, disclose any lead you know about, hand over reports, attach a Lead Warning Statement and allow the buyer 10 days to test. Everyone keeps a signed copy for 3 years.
Jump to: 📄 The form · ⏱️ 10-day window · 🪜 Exemptions · ⚖️ Penalties · ❓ FAQ
Key takeaways
- The trigger is the year built. If the home went up before 1978, assume the rule applies until you’ve checked the exemptions.
- You don’t have to test or remove lead. You have to tell what you know and share the reports you have.
- The buyer gets 10 days to test before being bound, unless both sides agree in writing to a different period, or the buyer waives it.
- A seller who knowingly skips it can owe the buyer three times their damages, plus court costs and attorney fees.
This is the seller’s side of the rule. For the short definition, see the lead paint disclosure glossary entry. For your state’s own disclosure form, which is separate, start with our guide to what sellers must disclose.
What is a lead paint disclosure?
It’s an attachment to your purchase contract. Federal law, Section 1018 of Title X, made it mandatory for most housing built before 1978. The EPA and HUD rule sits in 40 CFR Part 745, Subpart F.
Why 1978? That’s the year lead paint was banned for homes in the U.S. It’s still in millions of houses, the EPA says. Census data show 70.6 million of 146.7 million U.S. homes were built before 1980 (American Community Survey, 2024). So a big share of resale homes fall under this rule.
What goes on the lead disclosure form?
Section 745.113 lists seven parts. EPA’s sample “Seller’s Disclosure of Information” form follows them in order.
- The Lead Warning Statement, word for word, in the language of the contract.
- Your statement: either you know of lead paint or hazards and describe them, or you have no knowledge of any.
- A list of the lead records or reports you’re handing over, or a line saying you have none.
- The buyer’s statement that they got your disclosure and the pamphlet.
- The buyer’s statement that they either got the chance to test or waived it.
- If a listing agent is involved, the agent’s statement that they told you your duties.
- Signatures and dates from the sellers, agents and buyers.
The pamphlet is “Protect Your Family From Lead in Your Home.” EPA posts it in many languages, along with the sample forms, on its lead pages.
What do sellers have to disclose about lead paint?
Only what you know or can reasonably get. The rule calls these “available” records: ones in your possession or reasonably obtainable when you disclose. Think old inspection reports, a lead risk assessment from a past sale, or abatement paperwork.
If you do know of lead paint, the form asks for more than a yes. Say where it is, what the basis is, and what condition the painted surfaces are in. “Original window trim in the two back bedrooms tested positive in 2019, paint intact” is the kind of line that helps everyone.
If you know nothing, check “no knowledge.” That’s a normal answer for many owners. Don’t guess, and don’t leave a known report out of the packet. If new information shows up after the buyer’s offer, share it before they’re bound.
| Step | Who | When |
|---|---|---|
| Give the EPA pamphlet | Seller (or agent) | Before the buyer is bound by the contract |
| Disclose known lead paint or hazards | Seller | Before the buyer is bound |
| Hand over available reports | Seller | Before the buyer is bound |
| Attach the Lead Warning Statement, signed | Seller, buyer, agents | In or with the contract |
| Allow the test window | Seller | 10 days, unless changed or waived in writing |
| Keep the signed copy | Seller and agents | 3 years after closing |
How does the 10-day lead inspection window work?
Under section 745.110, the seller must give the buyer a 10-day period to get a lead inspection or risk assessment before the buyer is obligated. Two things can change that, and both have to be in writing:
- You and the buyer agree on a longer or shorter period.
- The buyer waives the chance to test.
Most purchase contracts handle this with a lead addendum or contingency. The buyer picks a box: test within the window, test on another timeline, or waive. If a test finds hazards, what happens next depends on your contract. The federal rule doesn’t make you fix anything, but buyers often ask for a repair or a credit. That’s a normal negotiation.
Buyers who want a test hire a certified inspector or risk assessor. EPA keeps a locator for certified pros on its site.
Which home sales are exempt from lead paint disclosure?
Per the EPA’s disclosure page, the rule doesn’t apply to:
- Housing built after 1977.
- Zero-bedroom units, such as studios, lofts and dorms, unless a child under 6 lives there or is expected to.
- Housing for the elderly or people with disabilities, with the same child-under-6 exception.
- Housing a certified inspector has tested and found lead-based paint free.
- Foreclosure sales.
- Leases of 100 days or less with no renewal.
The foreclosure exemption surprises buyers. If you’re buying at a foreclosure sale, nobody owes you a lead disclosure, so plan your own testing. Our guide to buying a house at auction covers that risk. Selling an inherited or as-is house that’s older than 1978? You still give the disclosure, as-is or not.
What happens if a seller skips the lead disclosure?
The law has teeth. Under 42 U.S.C. 4852d, anyone who knowingly violates the rule can face civil penalties. The buyer can also sue for three times their damages, and a winning buyer can recover court costs, attorney fees and expert fees. Under the Toxic Substances Control Act, the statute sets the penalty at up to $10,000 per violation, an amount federal agencies adjust for inflation.
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Agents share the duty. The EPA says agents must tell sellers about their obligations and are responsible for compliance alongside the seller, unless the seller hid information from them.
Do you need a lead disclosure if you sell by owner?
Yes. The rule applies to the seller, with or without an agent. If you’re selling a pre-1978 home yourself, download EPA’s sample form and the pamphlet, and attach them to your contract before the buyer signs.
Beycome is a full platform to sell, buy and close. Every listing includes your state’s forms in the dashboard (Legal Forms) and e-signature, so you can attach EPA’s sample lead form and sign it with the rest of the contract. Basic is from $99 in most states (see your state page), and $0 is due to Beycome at closing. Your home goes to the major home search sites and the MLS. If you’d like an expert to work with you on disclosures and offers, Concierge (see current price) keeps every decision yours. Beycome has helped 22,000+ sell (Beycome internal data, October 2026). See the flat fee MLS packages.
State forms sit on top of the federal one. See the Texas seller disclosure form, the Ohio seller disclosure form or the Pennsylvania form. Disclosure timing in general is covered in selling house disclosures.
What should owners of older homes know about lead beyond the form?
Paint in good shape is usually not a hazard, EPA says. Trouble starts when it peels, chips or turns to dust, often at windows and doors that rub. If you’re fixing things up before you sell, any paid renovation of pre-1978 housing that disturbs paint falls under EPA’s Renovation, Repair and Painting program, which requires certified firms and lead-safe work practices.
Lead in water is a separate issue from paint. If your home has old plumbing, read how to deal with lead plumbing.
Ready to list an older home? Check what it’s worth first, then get your forms in order before the first showing.
FAQ: lead paint disclosure
What is a lead paint disclosure?
A federal attachment to the sales contract for most homes built before 1978. The seller discloses known lead paint, shares reports, gives the EPA pamphlet and allows the buyer a chance to test.
Is lead paint disclosure required for homes built after 1978?
No. The federal rule covers housing built before 1978. Homes built in 1978 or later are exempt.
Does a seller have to test for lead paint before selling?
No. The seller must disclose what they know and share available reports. Testing is the buyer’s option during the 10-day window.
Can a buyer waive the 10-day lead inspection?
Yes, in writing. Buyer and seller can also agree in writing on a longer or shorter period.
How long must a seller keep the lead disclosure?
Three years after the sale closes. Agents keep a copy for the same period.
Is a foreclosure sale exempt from lead paint disclosure?
Yes. Foreclosure sales are exempt under the federal rule, so buyers at those sales should arrange their own testing.
What is the penalty for not giving a lead paint disclosure?
Civil penalties, plus liability to the buyer for three times their damages and their legal costs if they win in court. The sale itself stays valid.
Federal rules as read on the EPA site and in 40 CFR Part 745, Subpart F, and 42 U.S.C. 4852d, on November 1, 2026. Your state may add its own disclosure duties. General information, not legal advice.
Beycome prices as of November 2026 and subject to change; see your state page. “$0 at closing” means no Beycome fee at closing; other closing costs still apply. Beycome lists in 17 states and DC.
Sources
- EPA, real estate disclosures about potential lead hazards, read November 1, 2026.
- 40 CFR Part 745, Subpart F (sections 745.110, 745.113, 745.118), read November 1, 2026.
- 42 U.S.C. 4852d, penalties and civil liability, read November 1, 2026.
- EPA, lead pages (pamphlet and sample forms), read November 1, 2026.
- EPA, Renovation, Repair and Painting program, read October 29, 2026.
- Census Reporter, table B25034, year structure built (ACS 2024), read October 29, 2026.
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