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Lead-Based Paint Disclosure for Sales Transaction

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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's obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance.

Seller Initials: Buyer Initials: Agent Initials:

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.

*** THIS IS AN INSTRUCTION PAGE: IT IS NOT PART OF THE FORM ***

The Free EPA Pamphlet: For houses built prior to 1978, the Seller must give the Purchaser a copy of the EPA-approved information pamphlet on identifying and controlling lead-based paint hazards entitled, "Protect Your Family From Lead In Your Home." You may obtain and print this pamphlet free by clicking the following download link (or copying the link into the address window of your internet browser):

http://www.epa.gov/sites/production/files/2013-09/documents/lead_in_your_home_brochure_land_color_508.pdf

See also: http://www.epa.gov/lead/pubs/leadpdfe.pdf

The form is in .pdf format and you will need the free Adobe Acrobat Reader to view the form. In the unlikely circumstance that the Adobe Acrobat Reader is not installed on your computer, you can download it free from http://www.adobe.com/products/acrobat/readstep2.html. The download is quick and easy.

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What the Lead-Based Paint Disclosure for Sales Transaction Is

The Lead-Based Paint Disclosure for Sales Transaction is a federally informed disclosure used when transferring residential property built before 1978. It documents known information about lead-based paint and lead hazards, confirms delivery of the EPA/HUD pamphlet for homebuyers, and records whether a lead inspection or risk assessment has been performed. Sellers and landlords must give buyers or renters this disclosure early in the sales process so purchasers can evaluate hazards and exercise any inspection rights; compliance helps avoid statutory penalties and contract disputes.

Why this disclosure matters for sellers and buyers

The disclosure protects health and reduces legal exposure by informing buyers about known lead hazards and inspection opportunities.

Why this disclosure matters for sellers and buyers

Core parts of the Lead-Based Paint Disclosure

A professional disclosure bundles factual statements, checkboxes for inspection status, an acknowledgment of receipt of the EPA/HUD pamphlet, signature blocks, and a record of any known remediation—each element supports clear transfer of information and legal compliance.

Property Details

Full property identification including street address, city, state, and ZIP; ties the disclosure to a specific real estate transaction and avoids ambiguity about which dwelling the disclosure covers.

Construction Year

Record the year the dwelling was built to establish applicability—properties built before 1978 trigger federal disclosure requirements under the Residential Lead-Based Paint Hazard Reduction Act (Title X).

Known Hazards

Describe any known presence of lead-based paint or lead hazards, including locations and materials affected; include dates and a brief description of the evidence or testing used to determine presence.

Inspection Status

State whether a lead-based paint inspection or risk assessment was performed, include date and provider when available, and note whether the buyer was offered a 10‑day period to conduct additional inspection.

Pamphlet Delivery

Confirm that the federally required EPA/HUD pamphlet on lead hazards was provided to the buyer; include the method and date of delivery to document informed consent.

Signatures

Signature blocks for seller and buyer with printed name and date; signatures authenticate acknowledgment and create a record of disclosure receipt.

Required information fields at a glance

Property Address: Full street address
Year Built: Numeric year
Seller Name: Legal name
Buyer Name: Legal name
Inspection Status: Yes/No/Unknown
Pamphlet Given: Date recorded

Quick step-by-step: completing the disclosure

Follow these steps in order to create a valid, auditable Lead-Based Paint Disclosure for a sales transaction.

  • 01
    Prepare: Gather property records and any inspection reports
  • 02
    Complete fields: Enter address, year built, and hazard details
  • 03
    Deliver pamphlet: Provide EPA/HUD lead pamphlet and note delivery date
  • 04
    Sign: Obtain buyer and seller dated signatures

Configuring the disclosure for online completion

Set up a digital workflow that preserves intent, records consent, and captures an audit trail for each signer.

Field Configuration
Property Address Field Required, single-line, validated against length limits
Year Built Field Required, four-digit numeric validation
Inspection Details Conditional text area shown if Inspection = Yes
Signature Block Required, timestamped, and linked to signer identity

Digital signing and platform considerations

Ensure the eSignature platform supports audit trails, retention, and required authentication.

  • Integrations: Salesforce | NetSuite | Google Workspace
  • Formats: PDF, DOCX, HTML
  • Security: AES-256 at rest

Choose a platform that records timestamps and signer attribution, retains copies, and meets any industry compliance needs.

Where to send and file the completed disclosure

Routing the completed disclosure correctly creates an auditable record and ensures buyers receive required information before closing.

  • Seller Retention: Store original with closing file
  • Buyer Delivery: Provide signed copy prior to closing
  • Broker/Agent: Keep copy in transaction records
  • Title Company: Include in closing package

Key timing and deadline considerations

Certain actions tied to the disclosure are time-sensitive and can affect buyers' rights to inspect or rescind.

Pre-Contract Disclosure:

Deliver before buyer is obligated

Inspection Period:

Standard 10 days for buyer inspection

Pamphlet Delivery:

Provide at or before contract signing

Record Retention:

Keep with closing file

Exception Handling:

Document any waivers in writing

Consequences of an incorrect or missing disclosure

Civil Penalties: Fines and statutory penalties
Contract Rescission: Buyer may rescind contract
Liability Claims: Exposure to damages
HUD Enforcement: Administrative sanctions possible
Closing Delays: Title or escrow holds
Insurance Impact: Claim denial risk

Common preparation errors to avoid

  • Failing to provide the EPA/HUD pamphlet or not documenting delivery can undermine the disclosure's effectiveness and increase enforcement risk.
  • Entering inconsistent property details across transaction documents creates ambiguity about which dwelling was disclosed and can delay title transfer.
  • Marking inspection status as 'Unknown' without follow-up or documented offers to inspect can lead to buyer disputes and potential rescission.
  • Using unsigned or undated disclosures, or failing to preserve a signed copy in the closing file, removes critical proof of compliance.

Practical tips for accurate and efficient completion

Adopt these routine practices to reduce errors and create a defensible audit trail for the disclosure.

Standardize forms
Use a consistent template that includes all federal disclosure elements and space for inspection details to reduce omissions and streamline review.
Document delivery
Record the date and method you delivered the EPA/HUD pamphlet and disclosure to the buyer — electronic delivery should capture a timestamp and recipient acknowledgment.
Attach reports
Include copies of any inspection or remediation reports with the disclosure so buyers and closing agents have the full record.
Preserve audit trail
When using e-signatures, ensure the platform records signer identity, timestamps, IP addresses, and an unalterable certificate of completion.

eSignature vendor comparison for managing disclosures

Select an eSignature provider that supports required audit trails, retention, and any applicable compliance (e.g., HIPAA where health records intersect). Pricing and features vary by plan and billing model.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/yr Varies by plan Varies by plan Varies by plan

Real-world examples of disclosure use

Two concise scenarios illustrate typical outcomes and documentation practices when lead disclosures are used correctly.

Property Sale with Inspection

A seller ordered a risk assessment before listing and attached the report to the disclosure

  • The buyer used the 10-day inspection window to confirm results
  • The transparent record avoided renegotiation and expedited closing by providing a clear remediation history and dated signatures.

Disclosure Without Prior Testing

A seller indicated 'unknown' for inspection status but provided the EPA/HUD pamphlet

  • The buyer requested a post-contract inspection and found deteriorated paint in one room
  • The parties negotiated remediation; documentation of the offer and inspection window preserved the seller from claims of concealment.

Frequently asked questions about the disclosure

Answers to common questions on scope, signature validity, and timing when preparing a Lead-Based Paint Disclosure for a sales transaction.


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