Lead-based paint and the federal disclosure rule

Coverage and purpose

The federal lead-based paint disclosure rule covers most residential housing built before 1978, including sales and rentals. Age signals potential coverage, not proof of contamination. Lead can seriously harm young children and poses particular risks during pregnancy. Some housing and transactions are exempt: standard examples include zero-bedroom dwellings and certain housing for elderly people or people with disabilities, unless a child under six resides or is expected to reside there.

Information before obligation

Before a buyer or tenant becomes obligated, the seller or landlord provides the approved lead hazard pamphlet, discloses known lead-based paint and hazards, and supplies available lead hazard evaluation reports. No knowledge is not a lead-free certification. The disclosure rule itself does not require testing or removal.

The buyer's additional opportunity

The purchaser receives a 10-day opportunity for a lead risk assessment or inspection before obligation, unless the parties mutually agree to another period. The implementing rules also allow written waiver by the purchaser. Waiving inspection does not waive the owner's disclosure duties. Tenants do not receive the same 10-day inspection entitlement. The sale contract includes a Lead Warning Statement and signed buyer acknowledgments. First delivery at closing is too late when obligation arose earlier.

Responsibility and consequences

An agent engaged to sell or lease covered housing must ensure compliance on the owner's behalf. Knowing violations can produce liability for three times the injured purchaser's or tenant's damages, plus potential court costs and fees. The statute does not itself invalidate the contract or create a title defect. The information, timing, agent, and liability requirements are grounded in 42 U.S.C. § 4852d; the exemption and written-waiver details are standard treatment beyond the supplied excerpt.