Federal law requires sellers of homes built before 1978 to disclose known lead-based paint hazards and provide buyers with a 10-day inspection period to test for lead. This applies to all pre-1978 residential properties, including those in Texas. Compliance is mandatory and failure to disclose can result in significant penalties.
Federal Lead Paint Disclosure Requirements
The Residential Lead-Based Paint Hazard Reduction Act requires sellers of pre-1978 homes to provide the Protect Your Family from Lead in Your Home pamphlet to buyers, disclose any known lead-based paint or hazards, and give buyers a 10-day period (or another agreed period) to conduct a lead inspection or risk assessment. This disclosure must be included in the purchase contract.
As a seller, you must complete the Lead-Based Paint Disclosure form and attach any records or reports about lead-based paint in the home. If you have not tested for lead, you must state that you have no knowledge of lead-based paint. Buyers can waive the 10-day inspection period, but you cannot refuse to allow it if they request it.
10-Day Inspection Right
Buyers have the right to test for lead-based paint within 10 days (or a mutually agreed timeframe). The inspection is at the buyer's expense. If the test reveals lead-based paint, the buyer may negotiate for remediation, request a price reduction, or walk away depending on the contract terms. Sellers are not required to remediate, but disclosure of known hazards is mandatory regardless of whether the buyer tests.
Older homes in San Antonio and the Texas Hill Country are common, especially in historic neighborhoods. If you are selling a pre-1978 home, prepare the required disclosure documents in advance. Having them ready signals to the buyer that you are informed and compliant, which builds trust and reduces friction in the transaction.
