Who must disclose lead-based paint?

Sellers and landlords of residential properties built before 1978 must disclose known lead-based paint and provide the EPA pamphlet under the Residential Lead-Based Paint Hazard Reduction Act (Title X).

When must the disclosure be delivered?

Provide the disclosure and EPA pamphlet before the buyer or tenant is legally obligated to complete the transaction, so they can review prior to signing.

Can the form be signed electronically?

Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and retention requirements are satisfied.

What happens if a disclosure is missing?

Failure to disclose can lead to civil claims, contract rescission, regulatory enforcement, and increased remediation liability; document retention proves delivery.

Are inspections required by the form?

The disclosure records known information and available reports; it does not itself mandate testing, though buyers may request or require inspection contingencies.

How long should records be kept?

Retain executed disclosures and any inspection reports for several years—observe IRS minimums (IRC §6501(a)) and industry-specific retention such as HIPAA if applicable.

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Lead Based Paint Hazard Disclosure Form

Lead Based Paint Hazard Disclosure Form

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Lead-Based Paint Disclosure (Sales)

Street Address

City

State

Zip Code

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.

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.

Seller

Date

Buyer

Date

Seller

Date

Buyer

Date

Seller's Agent (if any)

Date

Buyer's Agent (if any)

Date

What the Lead Based Paint Hazard Disclosure Form Is

The Lead Based Paint Hazard Disclosure Form documents known information about lead-based paint and lead-based paint hazards for residential properties built before 1978. It implements the Residential Lead-Based Paint Hazard Reduction Act (Title X) and related HUD/EPA guidance by requiring sellers and landlords to disclose known paint conditions, provide available records and reports, and deliver the EPA lead hazard information pamphlet to buyers or tenants before contract execution.

Why this disclosure matters for sellers, landlords, and buyers

Completing the disclosure protects public health, fulfills federal disclosure duties under Title X and HUD rules, reduces transactional risk, and documents delivery of required information to the purchaser or lessee before they become contractually bound.

Who prepares and signs the disclosure

Responsibility for accurate disclosure rests with owners; agents should verify facts and retain proof of delivery and acknowledgment.

Sellers and property owners who must disclose known lead paint conditions before sale or lease
Landlords and property managers for residential leases of pre-1978 housing units
Real estate brokers and attorneys who facilitate delivery and recordkeeping for compliance

Core elements included in a professional disclosure form

A compliant form combines clear statements about known lead paint, documentation of available reports, explicit delivery of the EPA pamphlet, and signature blocks to confirm receipt and review by parties.

Property Details

Full street address, unit number, and year built to determine applicability for pre-1978 disclosures and to match inspection records.

Known Conditions

Clear statement of any known lead-based paint or lead hazards, including location, condition, and whether hazard control work has been completed.

Records & Reports

List and attach available inspection, risk assessment, or abatement reports; note when none are available.

EPA Pamphlet

Record that the federally required EPA lead hazard information pamphlet was provided to buyer/tenant before execution.

Acknowledgment

Signature and date lines for seller/landlord, buyer/tenant, and any agent confirming delivery and receipt of disclosures.

Additional Terms

Optional fields for test results, contractor notes, or repair commitments; include attachments when used as part of sale terms.

Essential data fields the form must capture

Property Address: Street, city, state, ZIP

Year Built: Four-digit construction year

Known Lead: Yes, No, Unknown

Records Available: Inspection/risk assessment listed

Pamphlet Delivered: EPA booklet acknowledgement

Signatures: Seller, buyer, agent, dates

Step-by-step: completing and delivering the disclosure

Follow these practical steps to prepare and provide the Lead Based Paint Hazard Disclosure Form with documented proof of delivery.

01

Gather information: Collect year built, inspection reports, and repair history.
02

Provide pamphlet: Give the EPA pamphlet to buyer/tenant prior to contract.
03

Complete disclosure: Fill form fields, attach reports, and describe known hazards.
04

Obtain signatures: Get dated signatures and keep a copy for records.

Configuring an online disclosure workflow

Set up a digital workflow that enforces required fields, delivers the EPA pamphlet, and logs delivery and signatures for audit purposes.

Field	Configuration
Required Fields	Make address, year built, and signature mandatory
Attachments	Enable PDF upload for inspection reports
Pamphlet Delivery	Embed or attach EPA pamphlet for recipient access
Audit Trail	Capture timestamps, IP addresses, and signer emails

Where to send and file the completed form

Distribute the executed disclosure to the transaction parties and retain a record according to regulatory and contractual requirements.

Buyer/Lessee Copy: Provide signed copy to buyer or tenant immediately
Seller/Landlord Copy: Retain original signed copy in owner records
Broker/Agent File: Agent keeps a dated copy for transaction file
Local Records: Submit to local housing authority if required

Digital delivery and technical considerations

Ensure the platform preserves a tamper-evident copy and captures identity/consent to satisfy ESIGN (15 U.S.C. ch. 96) and state law requirements.

File formats: Accept PDF and DOCX for reports
Integrations: Works with Salesforce, NetSuite, Google Workspace
Authentication: Support for email, SMS code, or advanced auth

Key timing rules to observe before closing or lease signing

Deliver disclosures and the EPA pamphlet at the federally required stage so buyers or tenants can review before becoming obligated.

Before contract execution:

Disclosure must be provided before buyer is contractually bound

Before lease signing:

Tenant must receive disclosure prior to lease agreement

Negotiation window:

Allow time for buyers to review inspection reports

Record retention start:

Retention begins at execution date of transaction

Re-inspection timing:

Schedule follow-up testing before remediation work starts

Common preparation errors to avoid

Failing to deliver the EPA pamphlet before contract execution can invalidate disclosure timing and increase liability
Entering 'Unknown' without making reasonable inquiry when records exist leads to incomplete disclosure and buyer disputes
Omitting or losing signed copies removes proof of delivery and complicates defense against later claims
Using a scanned, unsigned document without a verifiable audit trail undermines electronic signature validity and attribution

Potential legal and financial consequences of incorrect disclosure

Civil liability: Buyer or tenant damages claims

Contract rescission: Possibility of sale cancellation

Regulatory fines: HUD/EPA enforcement actions

Remediation costs: Expensive abatement obligations

Insurance gaps: Coverage disputes for undisclosed hazards

Reputational harm: Agent and owner credibility loss

eSignature vendor comparison for executing disclosure forms

Compare basic plan features that matter for Lead Based Paint Hazard Disclosure workflows: starting price, free trials, bulk send, audit trail, HIPAA compliance, and envelope caps.

	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	Yes, 7-day trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about the disclosure form

Answers to common questions about when to provide the form, what to include, and how electronic delivery and signatures interact with federal rules.

Need help? Contact support

Who must disclose lead-based paint?
Sellers and landlords of residential properties built before 1978 must disclose known lead-based paint and provide the EPA pamphlet under the Residential Lead-Based Paint Hazard Reduction Act (Title X).
When must the disclosure be delivered?
Provide the disclosure and EPA pamphlet before the buyer or tenant is legally obligated to complete the transaction, so they can review prior to signing.
Can the form be signed electronically?
Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and retention requirements are satisfied.
What happens if a disclosure is missing?
Failure to disclose can lead to civil claims, contract rescission, regulatory enforcement, and increased remediation liability; document retention proves delivery.
Are inspections required by the form?
The disclosure records known information and available reports; it does not itself mandate testing, though buyers may request or require inspection contingencies.
How long should records be kept?
Retain executed disclosures and any inspection reports for several years—observe IRS minimums (IRC §6501(a)) and industry-specific retention such as HIPAA if applicable.

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