Lead Paint Disclosure for Pre-1978 Homes: What Sellers Must Tell You

Short answer: For most homes built before 1978, federal law requires sellers to give buyers an EPA lead pamphlet, disclose any known lead-based paint and reports, include a Lead Warning Statement in the contract and offer a 10-day window for a lead inspection or risk assessment (EPA). Sellers do not have to test; they only disclose what they know.

Check a specific house: Lead-based paint is rated high for homes built before 1960 and medium from 1960 to 1977. Open the House Age Decoder with 1960 loaded →

Why 1978

The Consumer Product Safety Commission banned lead-based paint in housing in 1978, and Congress did not extend the disclosure law to housing built after that (EPA). That makes 1978 the dividing line. Note that HUD still estimates some homes built in 1978 or later have lead-based paint somewhere, about 6.5% nationally (HUD). See why 1978 isn’t the whole story.

What sellers must do

Under the Lead-Based Paint Disclosure Rule, sellers of most pre-1978 housing must (EPA):

Give the buyer the pamphlet Protect Your Family From Lead in Your Home.
Disclose known lead-based paint and lead-based paint hazards, including location and condition.
Provide all available records and reports on lead-based paint or hazards.
Include a Lead Warning Statement in, or attached to, the contract, confirming compliance.
Offer the buyer 10 days to conduct a paint inspection or risk assessment.
Keep a signed copy of the disclosures for three years.

EPA provides sample forms, including a Seller’s Disclosure of Information, in English and Spanish. Landlords have similar duties for rentals, without the 10-day inspection period.

The 10-day inspection window

Buyers get 10 days to have a lead-based paint inspection or risk assessment done. EPA notes the parties can change the period by mutual written agreement, and the buyer can waive it (EPA). Decide early, because it usually runs alongside your other inspections.

Option	What you get
Lead-based paint inspection	Where lead-based paint is in the home.
Risk assessment	Whether there are hazards now, such as deteriorated paint or lead dust, and options to address them.
Waive the window	No federal lead testing before the sale. You can still test later, but you lose this negotiating window.

Who is exempt

HUD lists housing the disclosure rule does not cover (HUD):

Housing built in 1978 or later.
Zero-bedroom units, unless a child under 6 lives or is expected to live there.
Housing for the elderly or persons with disabilities, unless a child under 6 lives or is expected to live there.
Sales at foreclosure.
Rentals of units certified lead-based-paint free by a certified inspector.
Short-term leases of 100 days or less with no renewal.
Lease renewals where everything was already disclosed and nothing new is known.

What the disclosure does not tell you

The rule requires honesty about what the seller knows, not knowledge they do not have. A seller who never tested can sign the form saying they have no knowledge of lead-based paint. That is common, and it says nothing about whether lead is present. If you want facts, use the 10-day window or arrange testing later.

Questions to ask

The seller

Has the home ever had a lead inspection or risk assessment? May I see the report?
Have you or past owners done work that disturbed old paint, and was it done by a lead-safe certified firm?
Have any windows, doors or trim been replaced?

Your agent

When does the 10-day window start and end in this contract?
Can we extend it in writing if we cannot book an inspector in time?

The inspector or risk assessor

Are you certified for lead-based paint inspections or risk assessments in this state?
Will you test windows, doors, porches and exterior trim?

After you buy

If you renovate, EPA’s Renovation, Repair and Painting rule requires paid contractors who disturb paint in pre-1978 homes to be lead-safe certified (EPA). It generally does not apply to owners doing their own work, unless they rent out the home, run a childcare center there or renovate to sell, but EPA recommends hiring a certified firm.

Remember water as well. EPA says lead pipes are more likely in homes built before 1986 (EPA). See when they stopped using lead pipes.

Common misunderstandings

“The seller must test.” No. The rule requires disclosure of what is known and an opportunity for the buyer to test.
“No known lead means no lead.” It may simply mean nobody tested.
“The 10 days are automatic.” The window can be changed or waived in writing.
“Post-1978 homes are guaranteed lead-free.” HUD’s survey says the odds are low, not zero.

This guide is general information, not legal advice about disclosure obligations. Talk to your agent or a licensed attorney about your contract. See our Disclaimer.

Quick answers

Does the rule apply to a house I’m buying from a family member?

The federal rule covers sales of most pre-1978 target housing, with the exemptions listed above. If you are unsure whether your transaction is covered, ask your agent or a licensed attorney.

What if the seller didn’t give me the pamphlet?

Raise it with your agent before closing. This site does not give legal advice about remedies.

Is a home inspection the same as a lead inspection?

No. A standard home inspection may note deteriorated paint, but a lead-based paint inspection or risk assessment is done by certified professionals and answers a different question.

Timeline for buyers

Before the offer: ask whether any lead reports exist.
At the offer: decide whether to keep, shorten, extend or waive the 10-day window, in writing.
During the window: book a certified inspector or risk assessor early.
Before closing: review results and discuss next steps with your agent.
After closing: plan renovations with a lead-safe certified firm.

If you are the seller

Sellers of pre-1978 homes follow the same rule from the other side: provide the pamphlet, disclose what you know, hand over any reports, include the Lead Warning Statement and offer the inspection period. EPA’s sample Seller’s Disclosure of Information form covers the required content. Keep a signed copy for three years. If you have done work that disturbed old paint, records showing a lead-safe certified firm did it are worth providing.

If you are unsure whether a sale is covered, check HUD’s list of exemptions and talk to your agent or a licensed attorney.

The bottom line

For a pre-1978 home, the disclosure form tells you what the seller knows, not what is in the walls. Read it carefully, ask for any reports, and decide deliberately whether to use the 10-day window. If you plan to renovate, budget for a lead-safe certified contractor from the start.