Lead-based paint disclosure now mandatory

To implement the Residential Lead-Based Paint Hazard Reduction Act of 1992, The Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD) announce new federal legislation, now in effect.

Basic Requirements

Prior to selling or renting most residential housing that was built before 1978, sellers and landlords - or their real estate agents - are required to:

1. disclose in writing to the buyers/renters the presence of any known lead-based paint or lead-based paint hazard;
2. provide the buyer/renter any reports or records pertaining to a lead-based paint or related hazard; and
3. provide the buyer/renter a copy of the EPA pamphlet entitled Protect Your Family from Lead in Your Home.

Other Requirements

A disclosure form must be included in (or be an addendum to) each sales contract or lease for affected housing.

A seller must allow the buyer a 10-day period to conduct a lead-based paint risk assessment or inspection; however, the buyer may waive or modify this right in writing.

A disclosure to an existing tenant is not required, but must be made upon the tenant's renewal of the lease agreement.

Your Responsibility as an Agent

As an agent of the seller or landlord, you are required to:

1. inform the seller or landlord of his/her obligations under these rules; and
2. either ensure that the seller or landlord has performed all activities required by the rules or personally ensure compliance with the requirements of the rules. The agent shares with the seller or landlord the legal responsibility for compliance!

Note: For purposes of these rules, a buyer's agent who is paid by the seller or through a cooperative brokerage agreement with the listing agent is also considered to be a seller's agent.

For More Information

Attend the current Real Estate Update mandatory continuing education course.

Obtain a copy of Protect Your Family from Lead in Your Home, the sample disclosure forms, or the rule by calling the National Lead Information Clearinghouse (NLIC) at (800) 424-Lead, or TDD (800) 526-5456 for the hearing impaired; or fax your request to (202) 659-1192.

Order bulk copies of the pamphlets from the Government Printing Office (GPO) at (202) 512-1800. Please refer to the complete title or GPO stock number 055-000-00507-9. The price is $26 for a pack of 50 copies.

Note: Reproduction of the pamphlet, for use or distribution, is allowed if the text and graphics are reproduced in full. Camera-ready copies of the pamphlet are available from the National Lead Information Clearinghouse.

Get answers to specific questions about lead-based paint and lead-based paint hazards by calling the National Lead Information Clearinghouse at (800) 424-LEAD, or TDD (800) 526-5456 for the hearing impaired.