Lead-Based Paint Disclosure
Drafts a federally compliant lead-based paint disclosure for sale or lease of pre-1978 residential property, ready for execution by all parties.
Quick Start
Gather before drafting:
- Property — address, legal description, confirmed pre-1978 construction
- Transaction type — sale or lease
- Parties — names/addresses of all sellers/landlords, buyers/tenants, agents/brokers (with license numbers)
- Lead paint records — inspection reports, risk assessments, abatement certificates, clearance reports, health department correspondence (or confirmation none exist)
- Prior remediation docs, if any
If user-provided documents have gaps, request missing information before drafting.
Governing Law
| Authority |
Citation |
| Federal statute |
42 U.S.C. § 4852d |
| Implementing regulation |
24 CFR Part 35, Subpart A & H |
| EPA disclosure rule |
40 CFR Part 745, Subpart F (Section 1018) |
| Enabling act |
Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) |
Penalties: Civil up to $16,000/violation [VERIFY current adjusted amount]; private suit treble damages + attorney's fees; criminal for knowing/willful violations.
Document Structure
Draft these sections in order:
1. Header & Party Identification
- Title: "Lead-Based Paint Disclosure"
- Property address + legal description; disclosure date
- Full legal names and mailing addresses of all parties
- Transaction type checkbox: Sale / Lease
- Agent/broker names, brokerage, license numbers (if applicable)
2. Seller/Landlord Disclosure Statement
Disclosing party selects one:
| Option |
Detail Required |
| A — Known hazards |
Locations, condition/extent, date acquired; distinguish lead-based paint from lead-based paint hazards (deteriorating paint, friction/impact surfaces, contaminated dust/soil) |
| B — No known hazards |
Affirmative statement after reasonable inquiry |
| C — Remediated |
Remediation description, professional credentials, attach documentation as exhibits |
3. Records & Reports Attachment Schedule
List all attached documents by exhibit number: inspection reports, risk assessments, lead-safe/lead-free certificates, abatement/interim control docs, clearance reports, health department correspondence.
If no records exist — include affirmative "no records available" statement. Never leave blank.
4. Pamphlet & Inspection Opportunity
- Confirm delivery of EPA pamphlet "Protect Your Family from Lead in Your Home" (or EPA-approved state equivalent)
- Sales only — memorialize 10-day inspection right:
- Buyer waives inspection (initial line), OR
- Buyer exercises inspection — agreed period: ___ days
- Include inspection contingency, cancellation right, deadline provisions
5. Buyer/Tenant Acknowledgments
Individual initialed/signed acknowledgments:
- Receipt of seller/landlord disclosure statement
- Receipt of EPA lead hazard pamphlet
- Receipt of all attached records and reports
- (Sales only) Inspection opportunity — waived or exercised
Each item gets its own initial/signature line. Use plain English.
6. Certifications & Signature Blocks
Three categories, each with printed name + signature + date:
| Party |
Certifies |
| Seller/Landlord |
Information true, accurate, complete; all known hazards disclosed; all available records provided |
| Buyer/Tenant |
Receipt of all required disclosures, pamphlet, records; understanding of federal rights |
| Agent/Broker |
Informed seller/landlord of obligations; ensured compliance; provided pamphlet to buyer/tenant |
Provide sufficient blocks for multiple co-parties.
Formatting
- Readable font, minimum 10pt; bold section headings
- Footer every page: property address + "Page X of Y"
- Target 2–4 pages
Pitfalls & Checks
- Disclosure must be delivered before buyer/tenant becomes obligated under any contract
- Signed copies retained minimum 3 years from sale/lease commencement
- Lease disclosures renew with each renewal or new tenant
- Lead-based paint vs. lead-based paint hazards are legally distinct — never conflate
- Check state-specific supplemental requirements (pamphlet substitutes, additional disclosures)
- Never leave records section blank — use affirmative "none available" language
1---2name: lead-paint-disclosure3description: Drafts execution-ready lead-based paint disclosure documents compliant with 42 U.S.C. § 4852d and 24 CFR Part 35 for sales or leases of pre-1978 residential properties. Covers seller/landlord hazard disclosures, buyer/tenant acknowledgments, inspection waivers, agent certifications, and attachment schedules. Use when drafting lead paint disclosures, pre-1978 property transactions, residential lease hazard disclosures, or EPA Section 1018 compliance documents.4---5
6# Lead-Based Paint Disclosure
7
8Drafts a federally compliant lead-based paint disclosure for sale or lease of pre-1978 residential property, ready for execution by all parties.
9
10## Quick Start
11
12Gather before drafting:
13
141. **Property** — address, legal description, confirmed pre-1978 construction
152. **Transaction type** — sale or lease
163. **Parties** — names/addresses of all sellers/landlords, buyers/tenants, agents/brokers (with license numbers)
174. **Lead paint records** — inspection reports, risk assessments, abatement certificates, clearance reports, health department correspondence (or confirmation none exist)
185. **Prior remediation docs**, if any
19
20If user-provided documents have gaps, request missing information before drafting.
21
22## Governing Law
23
24| Authority | Citation |
25|---|---|
26| Federal statute | 42 U.S.C. § 4852d |
27| Implementing regulation | 24 CFR Part 35, Subpart A & H |
28| EPA disclosure rule | 40 CFR Part 745, Subpart F (Section 1018) |
29| Enabling act | Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) |
30
31**Penalties**: Civil up to $16,000/violation [VERIFY current adjusted amount]; private suit treble damages + attorney's fees; criminal for knowing/willful violations.
32
33## Document Structure
34
35Draft these sections in order:
36
37### 1. Header & Party Identification
38
39- Title: **"Lead-Based Paint Disclosure"**
40- Property address + legal description; disclosure date
41- Full legal names and mailing addresses of all parties
42- Transaction type checkbox: Sale / Lease
43- Agent/broker names, brokerage, license numbers (if applicable)
44
45### 2. Seller/Landlord Disclosure Statement
46
47Disclosing party selects **one**:
48
49| Option | Detail Required |
50|---|---|
51| **A — Known hazards** | Locations, condition/extent, date acquired; distinguish lead-based paint from lead-based paint *hazards* (deteriorating paint, friction/impact surfaces, contaminated dust/soil) |
52| **B — No known hazards** | Affirmative statement after reasonable inquiry |
53| **C — Remediated** | Remediation description, professional credentials, attach documentation as exhibits |
54
55### 3. Records & Reports Attachment Schedule
56
57List all attached documents by exhibit number: inspection reports, risk assessments, lead-safe/lead-free certificates, abatement/interim control docs, clearance reports, health department correspondence.
58
59If no records exist — include affirmative "no records available" statement. **Never leave blank.**
60
61### 4. Pamphlet & Inspection Opportunity
62
63- Confirm delivery of EPA pamphlet *"Protect Your Family from Lead in Your Home"* (or EPA-approved state equivalent)
64- **Sales only** — memorialize 10-day inspection right:
65 - Buyer **waives** inspection (initial line), OR
66 - Buyer **exercises** inspection — agreed period: ___ days
67 - Include inspection contingency, cancellation right, deadline provisions
68
69### 5. Buyer/Tenant Acknowledgments
70
71Individual initialed/signed acknowledgments:
72
73- Receipt of seller/landlord disclosure statement
74- Receipt of EPA lead hazard pamphlet
75- Receipt of all attached records and reports
76- *(Sales only)* Inspection opportunity — waived or exercised
77
78Each item gets its own initial/signature line. Use plain English.
79
80### 6. Certifications & Signature Blocks
81
82Three categories, each with printed name + signature + date:
83
84| Party | Certifies |
85|---|---|
86| **Seller/Landlord** | Information true, accurate, complete; all known hazards disclosed; all available records provided |
87| **Buyer/Tenant** | Receipt of all required disclosures, pamphlet, records; understanding of federal rights |
88| **Agent/Broker** | Informed seller/landlord of obligations; ensured compliance; provided pamphlet to buyer/tenant |
89
90Provide sufficient blocks for multiple co-parties.
91
92## Formatting
93
94- Readable font, minimum 10pt; bold section headings
95- Footer every page: property address + "Page X of Y"
96- Target 2–4 pages
97
98## Pitfalls & Checks
99
100- Disclosure **must** be delivered before buyer/tenant becomes obligated under any contract
101- Signed copies retained **minimum 3 years** from sale/lease commencement
102- Lease disclosures **renew** with each renewal or new tenant
103- *Lead-based paint* vs. *lead-based paint hazards* are legally distinct — never conflate
104- Check state-specific supplemental requirements (pamphlet substitutes, additional disclosures)
105- Never leave records section blank — use affirmative "none available" language
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