Lead Based Paint Disclosure

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Commonly Asked Questions about Lead Based Paint Disclosure

Overview What is lead-based paint disclosure?

Federal law requires that before signing a lease for target housing, including most buildings built before 1978, renters must receive the following from your landlord: An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, Protect Your Family From Lead In Your Home (PDF). Real Estate Disclosures about Potential Lead Hazards | US EPA epa.gov lead real-estate-disclosures-abou epa.gov lead real-estate-disclosures-abou

What does federal law require regarding lead-based paint?

Section 1018 of this law directed HUD and EPA to require the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.

Does USDA require lead-based paint disclosure?

Sellers and landlords must disclose known lead-based paint and lead-based paint hazards and provide a report to buyers and renters. Sellers and landlords must give buyers and renters the pamphlet developed by EPA, HUD, and the Consumer Product Safety Commission (CPSC), titled Protect Your Family from Lead in Your Home.

Can you paint over lead-based paint?

Painting over lead paint is known as encapsulation, and its frequently used as an effective remediation technique. In fact, its less expensive and safer than lead paint removal, since it doesnt disturb the existing paint and doesnt tend to release lead dust or toxic particles into the air.

Should I be worried about lead paint disclosure?

If your home was built after 1978, you are most likely fine. (Though if youre seeking peace of mind, a quick swab test is not inordinately expensive.) Even if your home was built before 1978, you may not be immediately at risk. Just be sure that the paint on your walls is not deteriorating and is in good shape.

Do all homes built before 1978 have lead paint?

Answer: The older your home, the more likely it contains lead-based paint. For example, 87% of homes built before 1940 have some lead-based paint, while 24% of homes built between 1960 and 1978 have some lead-based paint.

What is the lead-based paint disclosure must be given to?

This requires that potential buyers and renters of housing built prior to 1978 receive certain information about lead and lead hazards in the residence prior to becoming obligated to buy or rent, and provides the opportunity for an independent lead inspection for buyers.

Who is responsible for making sure a seller complies with the EPA lead-based paint disclosure obligations?

In addition, the agent is responsible, along with the seller or lessor, if the seller or lessor fails to comply; unless the failure involves specific lead-based paint or lead-based paint hazard information that the seller or lessor did not disclose to the agent.

Who is required to disclose the known use of lead-based paint to buyers of property built before 1978?

The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the sellers possession and notify the buyer of any known lead-based paint hazards.