Real estate agents and brokersUS

Lead-Based Paint Disclosure

The federal disclosure for selling or leasing a home built before 1978: the Lead Warning Statement in the prescribed words, what the seller or landlord knows about lead-based paint and hazards, the records provided, the buyer's or tenant's acknowledgments, the agent's statement and everyone's signatures.

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Lead-based paint disclosureFREE CALCULATOR

Dates and records

WhatWhenRule
The federal disclosure applies to housing built before 1978Built in 1962: target housing, unless it is housing for the elderly or people with disabilities, or a 0-bedroom dwelling, where no child under 6 lives or is expected to40 CFR 745.103
Lead hazard pamphlet, this disclosure and any records or reports given to the lesseeBefore the lessee is obligated under the lease40 CFR 745.107 (a)
Copy of this signed disclosure kept by the lessor and each agentUntil at least December 1, 202940 CFR 745.113 (c) (1)

Leases of 100 days or less with no renewal or extension, leases of housing a certified inspector found free of lead-based paint, and renewals where nothing new is known are exempt (40 CFR 745.101).

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What goes in it

Every lead-based paint disclosure from ReportDraft follows the same professional structure, so clients and reviewers find things where they expect them.

  • Records and reports providedRecord or report, Date, Prepared by
  • NotesAnything else the purchaser or lessee should know about these disclosures.

How it works

1. Enter the details. Names, dates and amounts, once. The next one starts from these entries.

2. Worked out for you. Whether the disclosure applies, the inspection period and how long to keep the signed copy are worked out from your entries, and the standard wording is filled in.

3. Check, sign, keep. A completeness list shows anything missing. Sign to lock the PDF and download Word too.

Why it pays for itself

Without ReportDraftWith ReportDraft
Retyping the same names, dates and amounts on every formEnter them once; the standard wording fills itself in
Working out deadlines and keep-until dates by handDates and figures worked out from your entries, every time they change
Looking up the rules and hoping you caught them allEach rule on your checklist, linked to the official text
Paying for a whole software suite for one formA plan for your line of work, from one a month
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What United States federal rules require

  • The rule covers selling or leasing target housing: housing built before 1978, except housing for the elderly or people with disabilities and 0-bedroom dwellings where no child under 6 lives or is expected to. Foreclosure sales, leases of 100 days or less with no renewal or extension, leases of housing a certified inspector found free of lead-based paint, and renewals where the lessor has nothing new to disclose are exempt40 CFR 745.103, "target housing" · 40 CFR 745.101
  • The contract to sell, or the lease, includes the Lead Warning Statement in the exact words the rule prescribes for a sale or for a lease, in the language of the contract40 CFR 745.113 (a) (1) and (b) (1)
  • The seller or lessor states that known lead-based paint or lead-based paint hazards are present, or that they have no knowledge of any, with what is known about the basis, the location and the condition of the painted surfaces40 CFR 745.113 (a) (2) and (b) (2) · 40 CFR 745.107 (a) (2)
  • The disclosure lists every available record or report on lead-based paint or hazards given to the purchaser or lessee (common areas and building-wide evaluations included), or says none are available40 CFR 745.113 (a) (3) and (b) (3) · 40 CFR 745.107 (a) (4)
  • The pamphlet, the disclosure and the records are given before the purchaser or lessee is obligated under the contract or lease; if they come after an offer, the seller or lessor completes them before accepting it and lets the purchaser or lessee review them and possibly amend the offer40 CFR 745.107
  • The purchaser or lessee acknowledges receiving the disclosure, the records and the pamphlet Protect Your Family From Lead in Your Home; a purchaser also states that they had a 10-day opportunity (or another period agreed in writing) for a risk assessment or inspection, or waived it40 CFR 745.113 (a) (4), (5) and (b) (4) · 40 CFR 745.110
  • When an agent is involved for the seller or lessor, the disclosure states that the agent informed the seller or lessor of their obligations under 42 U.S.C. 4852d and is aware of the agent's duty to ensure compliance40 CFR 745.113 (a) (6) and (b) (5)
  • The sellers or lessors, the agents and the purchasers or lessees sign and date it, certifying their statements are accurate to the best of their knowledge40 CFR 745.113 (a) (7) and (b) (6)
  • The seller or lessor and every agent keep a copy of the signed disclosure for at least 3 years from the completion of the sale or the start of the lease40 CFR 745.113 (c) (1)
  • Given electronically, the disclosure needs the buyer's or renter's consent showing they can access it, a clear statement of their right to paper copies, how to withdraw consent and what that means, and how to access and keep the electronic recordsEPA: Real Estate Disclosures about Potential Lead Hazards

Selling or renting out a home built before 1978 comes with one federal disclosure, the same in every state: a Lead Warning Statement in prescribed words, what the seller or landlord knows about lead-based paint, the records they have, the buyer's or tenant's acknowledgments, the agent's statement and everyone's signatures. Here is each rule with a link to the official text.

Which homes it covers

The rule covers homes built before 1978. It does not cover housing for the elderly or people with disabilities, or studios and other 0-bedroom units, unless a child under 6 lives there or is expected to. Foreclosure sales are exempt, and so are leases of 100 days or less that cannot be renewed or extended, leases of homes a certified inspector found free of lead-based paint, and lease renewals where the landlord has nothing new to disclose.

What the disclosure says

It starts with the Lead Warning Statement, word for word: one version for sales, a shorter one for leases. Then the seller or landlord says whether they know of lead-based paint or hazards in the home, with the basis, location and condition of the painted surfaces if they do, and lists every lead record or report they are handing over, or says they have none.

The buyer or tenant confirms receiving the information and the EPA pamphlet Protect Your Family From Lead in Your Home. A buyer also says whether they took the 10-day chance to have the home inspected or assessed for lead, or waived it. When an agent is involved, the agent confirms they told the seller or landlord about these duties. Everyone signs and dates it.

When to give it, and how long to keep it

Everything goes to the buyer or tenant before they are bound by the contract or lease. If an offer comes in first, the disclosure is completed before the offer is accepted, and the buyer or tenant can review it and change their offer. Sent electronically, it needs the person's consent and a clear statement of their right to paper copies.

The seller or landlord and every agent keep a signed copy for at least 3 years from the closing or the start of the lease.

Common mistakes

  • Paraphrasing the Lead Warning Statement, or using the sale version for a lease: each must be in the prescribed words.
  • Giving the disclosure after the tenant has signed the lease.
  • Ticking "no knowledge" while holding an old lead inspection report for the building.
  • Forgetting the pamphlet, or the buyer's 10-day inspection choice.
  • Throwing out the signed copy before 3 years have passed.

Sources

Last reviewed October 24, 2026. Next review due January 24, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs. State rules can add to these.

Template preview

REPORTDRAFT.COM
Lead-Based Paint Disclosure Template
Transaction
Property address
Year built
Seller or lessor
Purchaser or lessee
Agents (if any)
Download in Word or PDFIncluded with Lead Paint Disclosures and its free trial.

Questions

What goes in a lead-based paint disclosure?

The federal disclosure for selling or leasing a home built before 1978: the Lead Warning Statement in the prescribed words, what the seller or landlord knows about lead-based paint and hazards, the records provided, the buyer's or tenant's acknowledgments, the agent's statement and everyone's signatures. ReportDraft lays it out in 2 sections: records and reports provided, notes.

Do my state's rules change the document?

Pick your state when you start. Where we have checked a local requirement against official sources, it is added to your completeness list with a link to the source.

Can I change the wording?

Yes. The standard wording is a starting point: edit any sentence before you sign. The figures and dates are worked out again from your entries every time.

What do I get at the end?

A signed, locked PDF for your client and an editable Word file, both with your company details. Signed reports keep a fingerprint so later changes are visible.

Do I need a lead paint disclosure for a rental?

Yes, for homes built before 1978, unless an exemption applies: leases of 100 days or less with no renewal or extension, homes a certified inspector found free of lead-based paint, housing for the elderly or people with disabilities, or 0-bedroom units, where no child under 6 lives or is expected to.

How long do I keep a signed lead disclosure?

At least 3 years from the completion of the sale or the start of the lease, for the seller or landlord and each agent.

Does the buyer get time to test for lead?

Yes. The seller allows 10 days, or another period agreed in writing, for a lead-based paint inspection or risk assessment before the buyer is bound. The buyer can waive it in writing.

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