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Real Estate · Property Disclosures

What does federal lead-based paint disclosure law require?

Reviewed by Jordan Morley, Editorial Lead at 247SimpleTests. Written by the 247SimpleTests Editorial Team from the official source material cited on every question.

Correct answer

Sellers and landlords of residential property built before 1978 must disclose known lead-based paint and lead-based paint hazards, provide an EPA pamphlet, and give buyers 10 days to inspect

  1. A Only homes built before 1900 have disclosure obligations
  2. B All homes must be tested for lead
  3. C Lead disclosure is only required if the buyer asks
  4. D Sellers and landlords of residential property built before 1978 must disclose known lead-based paint and lead-based paint hazards, provide an EPA pamphlet, and give buyers 10 days to inspect

Why this is the answer

The federal Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) requires that sellers and landlords of residential property built before 1978 disclose any known lead-based paint or lead hazards, provide a copy of the EPA pamphlet 'Protect Your Family from Lead in Your Home', and give buyers a 10-day opportunity to inspect for lead before becoming obligated under the contract. The pre-1978 date matters because lead-based paint was banned for residential use that year. The seller does not have to test for lead, only disclose what is known. Failure to comply can result in significant federal fines. The disclosure must be a separate document attached to the contract, signed by all parties.
Source: Real Estate Principles, Lead Paint Disclosure

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About this topic: Property Disclosures

Lead paint disclosure (pre-1978 homes), known material defects, fair housing protected classes — getting these wrong creates legal exposure for the agent. This is one of 4 Salesperson (National) questions on property disclosures, each with a full explanation on a single study page.

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