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Texas Lead-Based Paint Addendum

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Addendum for Seller's Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards

Equal Housing Opportunity

Approved by the Texas Real Estate Commission

As Required by Federal Law

Concerning the property at

A. 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-paint hazards is recommended prior to purchase."

B. SELLER'S DISCLOSURE:

1. PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS (check one box only):

(a) Known lead-based paint and/or lead-based paint hazards are present in the Property

(explain):

(b) Seller has no actual knowledge of lead-based paint and/or lead-based paint hazards in the Property.

2. RECORDS AND REPORTS AVAILABLE TO SELLER (check one box only):

(a) Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the Property

(list documents):

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

C. BUYER'S RIGHTS (check one box only):

1. Buyer waives the opportunity to conduct a risk assessment or inspection of the Property for the presence of lead-based paint or lead-based paint hazards.

2. Within ten days after the effective date of this contract, Buyer may have the Property inspected for the presence of lead-based paint and/or lead-based paint hazards. If lead-based paint or lead-based paint hazards are present, Buyer may terminate this contract by giving Seller written notice within 14 days after the effective date of this contract.

D. BUYER'S ACKNOWLEDGMENT (check applicable boxes):

1. Buyer has received copies of all information listed above.

2. Buyer has received the pamphlet Protect Your Family from Lead in Your Home.

E. BROKERS' ACKNOWLEDGMENT: Brokers have informed Seller of Seller's obligations under 42 U.S.C. 4852d to: (a) provide Buyer with the federally approved pamphlet on lead poisoning prevention; (b) complete this addendum; (c) disclose any known lead-based paint and/or lead-based paint hazards in the Property; (d) deliver all records and reports to Buyer pertaining to lead-based paint and/or lead-based paint hazards in the Property; (e) provide Buyer a period of up to 10 days to have the Property inspected; and (f) retain a completed copy of this addendum for at least 3 years following the sale. Brokers are aware of their responsibility to ensure compliance.

F. CERTIFICATION OF ACCURACY: The following persons have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.

Seller Date

Buyer Date

Seller Date

Buyer Date

Listing Broker Date

Other Broker Date

The form of this addendum has been approved for voluntary use by the Texas Real Estate Commission for use only with similarly approved or promulgated forms of contracts. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 1-800-250-8732 or (512) 459-6544.

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What the Texas Lead-Based Paint Addendum Is

The Texas Lead-Based Paint Addendum is a written disclosure and acknowledgment attached to residential sale or lease agreements for properties built before 1978. It documents the seller's or lessor's disclosure of known lead-based paint hazards, confirms that the federally required pamphlet about lead safety was provided, and records whether any lead testing or risk assessments exist. The addendum also creates a short statutory framework allowing buyers or tenants a limited period to inspect or test for lead hazards and to acknowledge receipt of hazard information before closing or taking possession.

Why this Addendum Matters for Texas Transactions

The addendum satisfies federal lead-disclosure requirements, reduces liability by creating a record of disclosure, and preserves buyer/tenant rights to information and testing. It also clarifies responsibilities for remediation and for sharing available test reports.

Why this Addendum Matters for Texas Transactions

Who typically completes the Texas Lead-Based Paint Addendum

The addendum is completed whenever a covered residential property (built before 1978) is sold or leased; multiple parties may prepare and sign it.

  • Sellers and listing agents who must disclose known lead hazards and provide the federal pamphlet.
  • Buyers and tenant applicants who must acknowledge receipt and record inspection rights.
  • Property managers or landlords completing leases for older rental housing.

Keep signed copies with the sale or lease file and attach any existing lead inspection or risk assessment reports to the transaction record.

Core elements included in a professional addendum

A complete Texas Lead-Based Paint Addendum includes identification details, required disclosures, attachments, inspection rights, signature blocks, and recordkeeping language so parties understand obligations and timelines.

Property Details

Full street address, unit number if applicable, and a brief description to tie the addendum to the specific dwelling and transaction.

Disclosure Statement

Clear statement from owner/agent about known presence or absence of lead-based paint or hazards on the property, including known testing history.

Pamphlet Acknowledgment

Confirmation that the federal pamphlet on lead hazards was provided to buyers/tenants as required by law.

Inspection Rights

Any buyer inspection/test period (commonly a short, defined window) and which party pays for testing or remediation, if applicable.

Test Report Attachments

Space to list and attach any risk assessment, inspection results, or contractor reports relevant to lead hazards.

Signatures and Dates

Signature blocks for owner/agent and buyer/tenant with printed names and dates to document receipt and acknowledgment.

Step-by-step: completing the addendum

Follow these practical steps to add the disclosure to your sale or lease package and to document delivery and consent.

  • 01
    1. Attach Addendum: Attach the form to the purchase contract or lease before final signatures.
  • 02
    2. Provide Pamphlet: Give the federal lead pamphlet to buyer/tenant and note the delivery date.
  • 03
    3. Record Tests: Attach any inspection or risk assessment reports to the addendum file.
  • 04
    4. Obtain Signatures: Collect signed acknowledgments from all parties and retain copies.

Configuring an online addendum workflow

Set up a reproducible digital template and routing so each addendum is consistent and auditable.

Template Upload Upload the finalized addendum PDF or DOCX as a reusable template.
Signature Authentication Choose email link or SMS code verification for signer attribution.
Notarization Option Include RON or in-person notary steps when state law or parties require notarization.
Storage Location Configure secure cloud storage with versioning and audit trail retention.
Recipient Routing Define signing order for seller/agent and buyer/tenant to ensure proper execution.

Where the completed addendum should go

After execution, route the addendum to key stakeholders and attach it to core transaction records.

  • Buyer/Tenant Copy: Provide the buyer or tenant a signed copy for their records.
  • Seller/Lessor Copy: Retain a signed original in the seller or landlord file.
  • Brokerage File: Keep a copy with the listing or brokerage transaction records.
  • Attach to Closing Package: Include the addendum with closing or lease commencement documents.

Technical considerations for eCompletion

Choose a platform that supports secure PDFs, audit trails, and flexible authentication appropriate to the transaction.

  • File Formats: PDF and DOCX supported for templates.
  • Integrations: Connect with CRM and document storage systems.
  • Authentication: Email, SMS, or stronger KBA options available.

Ensure the solution can capture signer attribution, timestamps, and an immutable audit trail to document compliance and to defend disclosures if contested.

Timelines commonly associated with the addendum

The addendum interacts with contract and lease deadlines; observe inspection windows and disclosure timing carefully.

Disclosure Timing:

Provide the addendum and pamphlet before contract ratification or lease signing whenever possible.

Buyer Inspection Window:

Buyers often receive a short testing period (commonly 10 days) to arrange lead hazard inspection.

Remediation Scheduling:

If remediation is required, specify who pays and the schedule in the addendum or separate agreement.

Retention of Records:

Keep signed addenda and any reports for the retention periods required by law or company policy.

Closing Contingency:

Resolve lead-related contingencies before closing or occupancy as contract language dictates.

Common mistakes to avoid when preparing the addendum

  • Failing to attach existing inspection reports creates ambiguity about known hazards and can increase liability exposure.
  • Not documenting delivery of the federal pamphlet leaves the seller/landlord without proof of required disclosure.
  • Using vague language about 'possible lead' rather than specific test results invites disputes and undermines enforceability.
  • Allowing unsigned or improperly dated addenda into the file can lead to contract challenges and regulatory scrutiny.

Potential legal and financial risks from improper disclosure

Civil Liability: Damages and remediation obligations may result from nondisclosure.
Contract Rescission: A buyer may seek rescission or adjustment for improper disclosures.
Regulatory Enforcement: Federal agencies may pursue enforcement for willful failures to disclose.
Title Issues: Unresolved lead claims can complicate title and transfer processes.
Tenant Health Claims: Property owners may face personal injury claims tied to exposure.
Insurance Coverage Limits: Insurance may exclude some lead-related liabilities without prior disclosure.

Real-world examples of how the addendum is applied

These examples show how brokers and property owners use electronic addenda to document disclosure and reduce friction in closing or leasing.

Martin Properties — Practical Use

Martin Properties attached the addendum to every older rental listing to standardize disclosure and reduce disputes

  • They routed the form digitally to tenants and retained a copy in the property file
  • "I can process and execute all of these documents online with 100% compliance and built-in security," says Tim Martin, Founder, describing faster returns and consistent recordkeeping.

Optica Ventures — Broker Workflow

A brokerage standardized the addendum as a closing deliverable to ensure every buyer received the pamphlet and test reports

  • Agents used a template to collect signatures and attach reports
  • Brian Fitzgibbons, COO, noted the interface is simple and easy for both staff and customers, reducing post-closing inquiries.

Typical eSignature vendor pricing and capability snapshot

Comparison of starting prices and selected features for common eSignature vendors. signNow appears first per platform ordering rules.

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 Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions and troubleshooting

Answers to common questions about when the addendum is needed, acceptable signature methods, and best practices for recordkeeping.


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