Is disclosure required for all homes?

Federal disclosure rules apply to most residential properties built before 1978. Properties built in or after 1978 are generally outside the federal requirement, but verify state rules which can impose additional duties or forms.

What is the buyer's 10-day inspection right?

Buyers have a standard 10-calendar-day period to obtain a lead risk assessment or inspection after receiving the disclosure, unless they and the seller agree in writing to shorten or waive that period.

Can the disclosure be signed electronically?

Yes. Electronic signatures are acceptable if they meet ESIGN (15 U.S.C. ch. 96) and applicable state UETA requirements and the consumer-facing disclosure/consent rules are satisfied.

Do I have to attach inspection reports?

If the seller or landlord possesses lead inspection or abatement reports, they must be disclosed and attached or otherwise made available to the buyer or tenant to meet disclosure obligations.

How long should I retain executed disclosures?

Retain executed disclosures with transaction files for at least three years as a baseline; longer retention may be advisable depending on state law or potential claims.

What happens if I fail to disclose?

Failure to disclose can lead to civil penalties, rescission rights for buyers, remediation obligations, and other liabilities under federal or state enforcement regimes.

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Lead Based Paint Disclosure

Lead Based Paint Disclosure

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Lead-Based Paint Disclosure (Rental)

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

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.

Lessor'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) Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

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

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

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

Lessee's Acknowledgment (initial)

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

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

Agent's Acknowledgment

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

Certification of Accuracy

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.

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

The Free EPA Pamphlet: If the dwelling unit was built prior to 1978, the landlord must give the tenants 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). The three links will all lead you to the document:

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

https://www.epa.gov/lead/protect-your-family-lead-your-home

https://www.epa.gov/sites/production/files/2014-02/documents/lead_in_your_home_brochure_land_b_w_508_easy_print_0.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.

What the Lead Based Paint Disclosure Is and When It Applies

The Lead Based Paint Disclosure is a federally-mandated statement and acknowledgment used in real estate sales and leases for residential property built before 1978. It informs buyers and renters about known lead-based paint or hazards, provides the EPA/HUD pamphlet on lead safety, and documents whether the seller or landlord has records or reports about lead. Federal rules also give buyers a standard 10-calendar-day opportunity to conduct a risk assessment or inspection unless the right is waived in writing. Many states layer additional disclosure requirements on top of the federal rule.

Why This Disclosure Matters for Transactions

Completing the Lead Based Paint Disclosure protects parties by creating a documented record of known hazards and consumer notice.

Who Completes and Receives the Disclosure

The disclosure is completed by sellers and landlords of pre-1978 housing and delivered to prospective buyers or lessees before contract execution.

Sellers and landlords: Provide the disclosure, list known reports, and attach the EPA/HUD pamphlet prior to signing.
Buyers and tenants: Review, acknowledge receipt, and exercise the 10-day inspection right or sign a written waiver.
Agents and attorneys: Verify completion, retain copies, and ensure the disclosure is included in closing or lease files.

Real estate professionals, closing agents, property managers, and legal advisors typically assist with delivery and record retention.

Essential Elements Included in a Professional Disclosure

A complete Lead Based Paint Disclosure collects property details, known lead information, and signer acknowledgments to satisfy federal requirements.

Property ID

Full street address and year built so the record clearly identifies the residence subject to disclosure and inspection rights.

Seller/Landlord Info

Name and contact details of the person or entity providing the disclosure, used for follow-up and recordkeeping.

Known Reports

Disclosure of any lead inspection, risk assessment, abatement, or records the owner possesses that relate to lead hazards.

Pamphlet Acknowledgment

Confirmation that the EPA/HUD lead hazard information pamphlet was provided to the buyer or lessee as required.

Inspection Right

Statement of the buyer's 10-calendar-day opportunity to conduct a lead risk assessment, and any signed waiver if applicable.

Signatures & Dates

Signatures of seller/landlord and buyer/tenant with dates to attest to receipt and acknowledgment of disclosures.

Required Fields and Short Instructions

Property Address: Include full street, city, state, ZIP.

Year Built: Enter four-digit year of construction.

Seller/Landlord: Legal name of disclosing party.

Known Reports: Yes/No; attach copies if present.

Pamphlet Delivery: Record date pamphlet provided.

Signatures: Signature and date by all parties.

Step-by-Step: How to Complete the Disclosure

Follow these steps in order to ensure the disclosure is complete, delivered, and preserved before closing or lease execution.

01

Step 1: Identify property and confirm year built.
02

Step 2: Compile known reports and attach copies.
03

Step 3: Provide EPA/HUD pamphlet and record delivery.
04

Step 4: Obtain signatures and retain the executed form.

How the Disclosure Moves Through a Transaction

This sequence shows typical handoffs from preparation through closing or lease execution.

Prepare: Seller completes form and gathers reports.
Deliver: Provide to buyer/tenant before contract signing.
Inspect: Buyer may schedule a 10-day risk assessment.
File: Attach executed form to closing or lease file.

Configuring an Online Disclosure Workflow

When using an electronic platform, configure fields and delivery to mirror the paper process and preserve the audit trail.

Field	Configuration
Pamphlet Delivery	Attach PDF; require delivery confirmation
Disclosure Checkbox	Make acknowledgement required before signing
Signature Authentication	Use email + audit trail; optional SMS or KBA
Retention Policy	Auto-save executed PDF and audit log

Distribution and Technical Considerations

Choose delivery channels and file formats that preserve the record and show proof of receipt.

Formats: PDF, DOCX supported
Integrations: CRM and cloud storage connections
Audit Trail: Timestamp, IP, signer identity

Timing Requirements and Buyer Inspection Window

Federal rules require delivery of the disclosure and pamphlet before execution of a sale or lease; buyers receive a standard inspection window unless waived.

Before Contract:

Provide disclosure and pamphlet prior to signing.

Inspection Period:

Buyer has 10 calendar days for risk assessment unless waived.

Waiver Form:

Written waiver shortens or removes inspection right.

Lease Effective Date:

Disclosure should precede lease commencement.

Record Retention:

Keep executed copies with transaction files.

Key Transaction Milestones

A milestone timeline helps parties track when disclosures, inspections, and final recording occur.

01

Listing / Preparation

Seller compiles history and pamphlet delivery records.

02

Offer & Contract

Deliver disclosure before executing purchase agreement.

03

Inspection Period

Buyer conducts optional risk assessment within 10 days.

04

Closing / Lease

Attach executed disclosure to closing or lease documentation.

Common Preparation Errors to Avoid

Failing to provide the EPA/HUD pamphlet or an electronic equivalent before contract execution, which undermines federal compliance.
Listing the wrong year built or address, causing disputes about whether the 1978 threshold applies and complicating title/lease records.
Not attaching existing inspection or abatement reports when the owner has them, which can lead to later claims of nondisclosure.
Allowing unsigned or undated forms in closing files, which weakens evidentiary defenses in enforcement or litigation.

Consequences of Incomplete or Incorrect Disclosure

Civil Penalties: EPA or state fines may apply

Contract Risk: Buyer rescission or damages possible

Liability Exposure: Increased tort and remediation claims

Insurance Issues: Claims or premium impacts

Closing Delays: Disputes can stall settlement

Title Complications: Unresolved disclosures affect transfer

eSignature Pricing and Feature Snapshot for Completing Disclosures

Comparing basic plan costs and core features can help choose a platform for electronic delivery and signature; signNow appears first for reference.

	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	Varies	Varies	Varies
Bulk Send	Yes (Premium+)	Yes	Yes	Yes	Yes
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Practical Examples of Disclosure Use

Two scenario-based examples illustrate typical completion and delivery contexts for sellers and landlords.

Residential Sale Example

Seller prepares disclosure and attaches inspection report

Buyer requests 10-day assessment
At closing the executed disclosure is filed with title, reducing later challenge risk by documenting notice and any remediation.

Rental Agreement Example

Landlord provides disclosure and pamphlet before lease signing

Tenant reviews and signs electronically
Landlord retains the signed copy in the lease folder and schedules lead-safe work if renovations are planned.

Frequently Asked Questions About Lead Based Paint Disclosures

Answers to common questions about when the disclosure is required, inspection rights, electronic signing, and recordkeeping.

Need help? Contact support

Is disclosure required for all homes?
Federal disclosure rules apply to most residential properties built before 1978. Properties built in or after 1978 are generally outside the federal requirement, but verify state rules which can impose additional duties or forms.
What is the buyer's 10-day inspection right?
Buyers have a standard 10-calendar-day period to obtain a lead risk assessment or inspection after receiving the disclosure, unless they and the seller agree in writing to shorten or waive that period.
Can the disclosure be signed electronically?
Yes. Electronic signatures are acceptable if they meet ESIGN (15 U.S.C. ch. 96) and applicable state UETA requirements and the consumer-facing disclosure/consent rules are satisfied.
Do I have to attach inspection reports?
If the seller or landlord possesses lead inspection or abatement reports, they must be disclosed and attached or otherwise made available to the buyer or tenant to meet disclosure obligations.
How long should I retain executed disclosures?
Retain executed disclosures with transaction files for at least three years as a baseline; longer retention may be advisable depending on state law or potential claims.
What happens if I fail to disclose?
Failure to disclose can lead to civil penalties, rescission rights for buyers, remediation obligations, and other liabilities under federal or state enforcement regimes.

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