Lead Paint Disclosure When Buying or Selling a Pre-1978 Home

If you sell a home built before 1978, federal law requires you to give the buyer a lead paint disclosure, the EPA pamphlet Protect Your Family From Lead in Your Home and any lead reports you have, all before the buyer signs the contract. You must also give the buyer 10 days to test for lead, unless the buyer waives that in writing.

The rule does not make you test for lead or remove it. It makes you share what you know. This page covers which sales the rule applies to, what goes in the disclosure, the penalties, and how New York City's own lead law (Local Law 1) adds duties if the home has tenants.

Which sales the rule covers

EPA says the rule applies to most private housing, public housing, federally owned housing and federally assisted housing built before 1978. If your home is not on the exemption list below, assume the rule applies to your sale.

The rule does not apply to:

• Housing built after 1977
• Zero-bedroom units such as studios, lofts and dorms, unless a child under 6 lives there or is expected to
• Leases of 100 days or less with no renewal or extension possible
• Housing set aside for older adults or people with disabilities, unless a child under 6 lives there or is expected to
• Homes where a certified inspector found the painted surfaces "lead-based paint free"
• Foreclosure sales

Not sure when your building went up? Look up the address on Roofy's building lookup, which shows the year built from city records. Our guide to reading a building page explains where to find it.

What the seller must hand over

1. 1

   Give the EPA pamphlet

   Hand the buyer Protect Your Family From Lead in Your Home. EPA publishes it in several languages and it is free to download from epa.gov/lead.
2. 2

   Disclose what you know

   Say whether you know of lead-based paint or lead hazards in the home, where they are and the condition of the painted surfaces. If you know nothing, the form says so.
3. 3

   Hand over every lead record you have

   Give all available reports and records. In a multi-unit building this includes reports on common areas and other units from building-wide testing, so co-op and condo sellers should ask the managing agent.
4. 4

   Attach the Lead Warning Statement

   The contract must include the Lead Warning Statement, either attached or written in, in the same language as the rest of the contract. EPA’s sample seller form contains it.
5. 5

   Offer the 10-day inspection window

   The buyer gets 10 days to do a lead paint inspection or risk assessment. Both sides can agree in writing to a different period, and the buyer can waive it.
6. 6

   Sign, and keep copies for 3 years

   Seller, buyer and any agents sign the acknowledgments. Keep a signed copy for three years after the sale is completed.

Signing electronically

You can deliver the disclosure electronically, but EPA says you must first get the buyer's consent and give a clear statement of the right to paper copies, how to withdraw consent and how to access and keep the electronic records.

What the rule does not require

The EPA/HUD fact sheet is direct: the rule does not require sellers or landlords to test for lead or remove lead paint, and it does not cancel sales contracts. Its job is to make sure the buyer has the information before signing. Whether to test, negotiate or walk away is the buyer's call during the inspection window.

Agents share the responsibility

Real estate agents must tell sellers about these obligations and make sure they are met. EPA says agents share responsibility for compliance with the seller, unless the seller failed to disclose the information to the agent. On the sample form, the agent initials a line confirming the seller was told about the duty. If you sell without a broker, the whole job is yours.

Penalties if you skip it

Buying? How to use your 10 days

The inspection window is your chance to learn what is actually on the walls. Two kinds of professional check exist: a paint inspection tells you where lead paint is, and a risk assessment tells you whether there are hazards such as peeling paint or lead dust. Use an EPA-certified inspector or risk assessor; you can check certification with EPA's Lead-based Paint Professional locator. Our home inspection guide explains how this fits with the general inspection, and the results can feed into your negotiation in the offer.

How NYC's Local Law 1 is different

The federal rule is about disclosure at the moment of sale or lease. New York City's Local Law 1 of 2004 is about ongoing upkeep in rental housing. If the home you are buying or selling has tenants, both can apply.

Two Local Law 1 points matter at a sale. First, HPD says that when a property is sold, the lead testing records transfer to the new owner, so a buyer of a pre-1960 rental should ask for them in the contract. Second, owner-occupied co-op and condo units don't need testing while the owner or family lives there, but once the unit is rented the duties start. See Local Law 1 for landlords and the XRF testing deadline for the details.

Seller's quick checklist

• Confirm the year built. If before 1978, the rule likely applies.
• Gather every lead report, including building-wide reports from your co-op or condo.
• Attach the signed disclosure and warning statement before the buyer signs the contract.
• Give the pamphlet and offer the 10-day inspection (or get a written waiver).
• Store the signed copies for at least three years.

Next, see the full NYC selling process or estimate what you'll keep with the seller net proceeds calculator.