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Arkansas Lead-Based Paint Disclosure

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Lead-Based Paint Disclosure (Sales)

WARNING! LEAD FROM PAINT, DUST, AND SOIL CAN BE DANGEROUS
IF NOT MANAGED PROPERLY

Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards

Lead Warning Statement

Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. 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 Seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.

Seller's Disclosure

(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):

(i) Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).

(ii) Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

(b) Records and reports available to the seller (check (i) or (ii) below):

(i) Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below).

(ii) Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.

Purchaser's Acknowledgment (initial)

(c) Purchaser has received copies of all information listed above.

(d) Purchaser has received the pamphlet Protect Your Family from Lead in Your Home.

(e) Purchaser has (check (i) or (ii) below):

(i) Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or

(ii) Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.

Agent's Acknowledgment (initial)

(f) Agent has informed the seller of the seller' obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance.

Certification of Accuracy for Lead-Based Paint Disclosure

The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. Penalties for failure to comply with Federal Lead-Based Paint Disclosure Laws include treble (3 times) damages, attorney fees, costs, and a penalty up to $10,000 for each violation.

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What the Arkansas Lead-Based Paint Disclosure Is

The Arkansas Lead-Based Paint Disclosure is a written statement provided during sale or lease transactions for residential properties built before 1978 that informs buyers and tenants about known lead-based paint hazards and the availability of an EPA/HUD lead hazard information pamphlet. The disclosure documents whether the seller or lessor knows of lead paint or hazards, whether any inspections or reports exist, and confirms delivery of federally required educational materials. It supports informed decision-making, helps allocate remediation responsibilities, and creates a record of compliance for the parties and their agents.

Why this disclosure matters for Arkansas transactions

Federal law and HUD/EPA rules require disclosure for residential properties built before 1978; complying protects buyers, tenants, and sellers and documents that required information and educational materials were provided.

Why this disclosure matters for Arkansas transactions

Who commonly completes the disclosure

Each signer should retain a copy in the transaction record; agents typically keep the form in the file for the recommended retention period.

  • Sellers and landlords preparing a sale or lease of a pre-1978 property
  • Real estate agents and brokers documenting compliance in the transaction file
  • Property managers handling tenant move-ins for older housing stock

Core sections to expect on the form

A professional Arkansas Lead-Based Paint Disclosure includes sections that identify the property, state the year built, declare known lead conditions, document delivery of EPA/HUD materials, record any reports or inspections, and provide signature blocks with dates.

Property ID

Street address and legal description to clearly identify the unit or parcel involved in the sale or lease for recordkeeping and title/charting purposes.

Year Built

The construction year or best approximation to determine applicability—properties built before 1978 are subject to federal disclosure rules.

Known Conditions

Seller/lessor statement about known lead-based paint or hazards, including whether any remediation, testing, or abatement has been performed.

Pamphlet Delivery

Acknowledgment that the EPA/HUD lead hazard information pamphlet was provided to buyer/tenant prior to sale or lease as required by federal rules.

Inspection Reports

Space to list any existing lead inspection or risk assessment reports and indicate availability to the prospective buyer or tenant.

Signatures

Signature lines for seller/lessor, buyer/tenant, and agent with printed names and dates to show mutual receipt and acknowledgment.

Security, compliance, and record integrity

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Capture of timestamps, IPs, and signer actions
ESIGN & UETA: Recognized legal frameworks for e-signature validity
HIPAA Support: HIPAA-compliant workflows available with a BAA
21 CFR Part 11: Controls for regulated FDA records where required
Certifications: SOC 2 Type II and ISO 27001 attestations

Risks of incorrect or missing disclosures

Transaction Delay: Buyers may rescind or request cure
Civil Liability: Potential claims for nondisclosure
Regulatory Exposure: HUD or EPA enforcement actions
Title Issues: Unresolved disclosures may affect closing
Financial Costs: Remediation and legal fees
Insurance Impact: Liability coverage complications

Common preparation pitfalls to avoid

  • Failing to confirm the property's year built and incorrectly applying the disclosure requirement when a dwelling predates 1978
  • Providing the pamphlet but omitting a signed acknowledgment or dated signature from buyer or tenant in the transaction file
  • Relying on vague language such as "no known hazards" without documenting the basis for the seller's knowledge or inquiries made
  • Not preserving a copy of the signed disclosure and related reports in the closing or lease file for the recommended retention period

How to complete the disclosure step by step

Follow these four steps to complete and document the Arkansas Lead-Based Paint Disclosure accurately so it is enforceable and reconstructable.

  • 01
    Identify property: Enter the full street address and unit identifiers precisely
  • 02
    Confirm year: Check public records; note approximate year if exact year unknown
  • 03
    Provide statements: Declare any known lead conditions and list reports or inspections
  • 04
    Supply pamphlet: Deliver EPA/HUD pamphlet and obtain buyer/tenant signature and date

Where the disclosure goes and who receives it

The disclosure must be delivered to the prospective buyer or tenant, documented in the transaction file, and copies retained by the parties and their agents.

  • Buyer/Tenant copy: Provide the signed disclosure and pamphlet receipt to the buyer or tenant
  • Seller/Lessor copy: Seller retains a dated copy for records and proof of compliance
  • Agent file: Brokerage or property manager stores the copy in the transaction file
  • Inspection reports: Attach any existing lead reports or risk assessments to the disclosure

Four practical document features you should include

Ensure the disclosure form you use includes essential elements that support legal compliance and clear allocation of information.

Clear warning statement

Include the federally required lead warning statement text and a checklist for known paint, hazards, or previous abatement so recipients see the facts at a glance.

Pamphlet acknowledgment

Provide a distinct line confirming handoff of the EPA/HUD lead hazard information pamphlet and require buyer/tenant initials and date.

Report references

List any existing inspection or hazard assessment reports with dates and indicate how recipients may obtain copies for review.

Signature blocks

Collect dated signatures and printed names for seller/lessor, buyer/tenant, and agents with license numbers where applicable for traceability.

Practical tips for accurate and efficient completion

Apply consistent recordkeeping and verification steps to reduce risk and simplify future audits or title reviews.

Verify building age
Use public records, tax assessor data, or a title report to confirm construction year; document the source to support the disclosure decision and reduce later disputes.
Document delivery
Note the method of pamphlet delivery (paper, email PDF) and keep proof of receipt; for electronic delivery, retain the consent record under ESIGN requirements.
Retain copies
Store the signed disclosure and associated reports in the transaction file for the recommended retention period and make an accessible backup for audit.
Coordinate with title
Share disclosure copies with the closing/title agent to prevent last-minute delays and confirm deed or lease documentation aligns with disclosure statements.

Timing requirements and typical deadlines

Provide the disclosure and educational pamphlet before the buyer or tenant is obligated under a sale or lease so they can make an informed decision.

Before offer acceptance:

Deliver disclosure and pamphlet prior to execution of a binding sale contract

Before lease signing:

Provide disclosure and pamphlet before tenant signs a lease for pre-1978 housing

Opportunity to inspect:

Allow buyer/tenant access to any reports and reasonable time to review prior to closing

Record date:

Date the signed form to show when disclosure occurred relative to contract events

Retention start:

Retention runs from the signed date; keep copies for the recommended period

How to correct or amend a completed disclosure

If new information arises, follow a short amendment workflow to preserve continuity and legal clarity.

01

Identify new facts:

Document what changed and the source of new information
02

Prepare amendment:

Draft an addendum referencing the original disclosure and describing updates
03

Sign parties:

Have seller and buyer/tenant sign and date the amendment
04

Attach reports:

Include any new inspection or remediation reports with the amendment
05

Distribute copies:

Provide updated copies to all original recipients and title/closing agent
06

File retention:

Store the amendment alongside the original disclosure in the transaction file

Frequently asked questions about the Arkansas Lead-Based Paint Disclosure

Answers to common questions about when the form is required, whether electronic signatures are acceptable, and how to handle unknown information.


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