Real Estate Lead-Based Paint Disclosure Rule
The Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD) enforce efforts to ensure that the public receives information to prevent lead poisoning in homes that may contain lead-based paint hazards, known as the Real Estate Notification & Disclosure Rule (1018 Rule)
Homebuyers and renters must receive information on lead-based paint and lead-based paint hazards during the sale and/or rental of housing built before 1978.
The EPA and HUD Lead-Based Paint Disclosure Rule, Section 1018, requires sellers, lessors and agents to comply with certain requirements when selling or leasing housing built before 1978. It is required that, before a purchaser or lessee is obligated under any contract to purchase or lease target housing, certain requirements must be met. These requirements include the following:
- Sellers and lessors must provide purchasers and lessees with the Protect Your Family From Lead pamphlet
- Sellers and lessors must disclose the presence of any known lead-based paint and/or lead-based paint hazards to the purchasers and lessees and to any agent
- Sellers and lessors must provide purchasers and lessees with any available records or reports pertaining to the presence of lead-based paint and/or lead-based paint hazards in the target housing
- Sellers and lessors must disclose information pertaining to lead-based paint and/or lead-based paint hazards as an attachment to a contract to sell target housing or as an attachment or within a contract to lease target housing in accordance with the Disclosure Rule requirements
- Sellers, lessors and agents must retain a copy of each Disclosure Rule statement and certification for at least three years from completion of the transaction
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
Purchasers Right to Lead Inspection Prior to Purchase
Once a purchaser is under a contract with a seller, EPA and HUD allow the purchaser a 10-day period to conduct a lead inspection to identify the presence of lead-based paint. Purchasers may waive this inspection opportunity.
Purchaser must hire a DPH-licensed lead consultant contractor to conduct all related lead inspection activities.