Yes, if your home was built before 1978, federal law requires you to disclose known lead paint hazards and provide buyers with the EPA pamphlet 'Protect Your Family from Lead in Your Home.' You must also give buyers a 10-day period to inspect for lead paint. The disclosure applies to all pre-1978 homes, regardless of whether you know lead paint exists. Failure to comply can result in significant legal liability.
What the Lead Paint Disclosure Requires
The federal Lead-Based Paint Disclosure Rule requires sellers of pre-1978 homes to: (1) disclose all known lead-based paint and hazards. (2) Provide the EPA-approved pamphlet about lead paint hazards. (3) Give buyers a 10-day period (or agreed-upon time) to conduct a lead paint inspection or risk assessment. (4) Include a lead disclosure addendum in the purchase contract. (5) Keep records of disclosures for three years. Both the seller and agent must sign the disclosure.
The 10-Day Inspection Right
Buyers have a 10-day period (calendar days, unless otherwise agreed) to inspect for lead paint. This period can be waived by the buyer in writing. The inspection must be done by a certified lead risk assessor or lead inspector. If the buyer chooses to waive the inspection, they must sign a statement saying so. The buyer can negotiate repairs or credits based on the inspection results, or terminate the contract during this period.
Penalties for Non-Compliance
Failing to properly disclose lead paint can result in: federal fines up to $16,000 per violation, triple damages in a private lawsuit, criminal charges for knowing violations, and liability for the buyer's medical costs if a child is exposed. The statute of limitations is up to 10 years. Both the seller and their agent can be held liable. The safest approach is to comply fully, even if you think your home has no lead paint.
What to Do If You Don't Know About Lead Paint
If you don't know whether your pre-1978 home has lead paint, you must say so on the disclosure. The law requires you to disclose known hazards, but you are not required to test for lead. You can choose to test before listing to eliminate uncertainty. If the test comes back negative, you can provide the results to buyers. If positive, you can remediate before listing or disclose and negotiate with buyers.