What Is a Lead-Based Paint Disclosure?

The lead-based paint disclosure is a federal rule, enforced by the EPA and HUD, that applies to almost every home built before 1978. Congress banned lead-based paint in housing that year, so homes from before the ban can contain lead paint, especially on windows, doors, trim, and exterior surfaces. The rule requires sellers and landlords of such homes to hand over specific information before a contract is signed.

The disclosure has three parts: the EPA pamphlet 'Protect Your Family From Lead in Your Home,' a written disclosure of any known lead-based paint or hazards, and a signed acknowledgment from the buyer. The seller must also provide any records or reports about lead in the home, such as a previous test or a lead-free certification.

For a pre-1978 home, the seller must give the buyer the EPA pamphlet, disclose known lead paint and hazards, provide available records, and let the buyer test the home. The buyer then has a 10-day window, unless the parties agree otherwise, to conduct a lead-based paint inspection or risk assessment. The disclosure must be signed and included with the final contract, and the seller keeps the signed copy for three years.

Landlords renting pre-1978 housing have similar obligations: the same pamphlet, the same disclosure of known lead, and the same acknowledgment language, with the disclosure attached to the lease. Buyers or tenants cannot waive the delivery of the pamphlet and the disclosure form itself, though they can waive the inspection window in writing.

Pennsylvania adds its own layer on top of the federal rule. The state Seller's Property Disclosure Statement asks sellers about lead-based paint and other hazardous substances on the property. The federal disclosure handles the pre-1978 requirement; the state disclosure handles the broader question of known hazards, and the two documents work together in a typical sale.

The Philadelphia region has particular attention on lead because of its older housing stock. Many pre-1978 row homes and Victorian-era houses in Philadelphia's neighborhoods were built with lead paint. Buyers of older homes, especially families with young children, often test for lead as part of the inspection window even though the federal rule does not require the test, only the window to conduct it.

If the home was built before 1978, take the disclosure seriously. Ask directly whether lead paint is known, request any test reports, and decide whether to test the home for lead during the inspection window. A lead test is inexpensive compared with the cost of remediation, and homes that have been renovated or certified lead safe come with documentation worth reading.

Remember the difference between disclosure and condition. The disclosure tells you what the seller knows; it does not promise the home is lead free. A buyer who wants certainty should test. If lead is found, the options are the same as any inspection finding: negotiate remediation, accept the home with a management plan, or walk away inside the contingency window.

Failing to provide the lead disclosure is a real legal problem for the seller. Federal law gives buyers and tenants the right to sue for violations, with penalties and attorney's fees available, and a missing disclosure can also complicate the contract. Settlement companies check for the signed lead form, and a title company or lender may refuse to close without it on a pre-1978 property.

For buyers, the practical protection is the checklist itself: see the pamphlet, read the disclosures, get the signed document, and keep a copy. A complete paper trail is the best defense against lead surprises after closing.

Lead disclosure is federal law with real teeth. Buyers and sellers should both handle it by the book.

• ✓ Know the threshold: the rule covers homes built before 1978
• ✓ Three required pieces: the EPA pamphlet, a written disclosure of known lead, and a signed acknowledgment
• ✓ The 10-day window: buyers may test during this period or waive it in writing
• ✓ Pennsylvania adds a layer: the state disclosure statement asks about lead paint directly
• ✓ Keep the paperwork: sellers must retain signed copies, and buyers should keep theirs permanently

Families with young children should test older homes regardless of the paperwork, because certainty beats disclosure. A positive lead test is not a deal breaker; it is a negotiation item with professional remediation options and clear cost.