Lead Based Paint Disclosure

---
name: lead-based-paint-disclosure
description: >-
  Drafts federal lead-based paint disclosure forms for pre-1978 residential
  sales or leases under 42 U.S.C. § 4852d, HUD/EPA rules, and 24 CFR Part 35.
  Covers seller/landlord knowledge statements, record attachments, EPA pamphlet
  delivery, purchaser inspection option, acknowledgments, and agent
  certifications. Use when preparing a lead-based paint disclosure, lead hazard
  notice, or pre-1978 property disclosure; trigger keywords: lead-based paint,
  lead hazard, EPA pamphlet, Section 1018.
tags:
  - agreement
  - drafting
  - transactional
---

# Lead-Based Paint Disclosure

Produce a compliant federal lead-based paint disclosure for pre-1978 residential sales or leases. Must be delivered before the buyer/tenant becomes obligated under the contract.

## Prerequisites

1. Property address, legal description, and year built confirming pre-1978 status
2. Transaction type (sale or lease) and execution timeline
3. Full legal names and contact info for all parties (seller/landlord, buyer/tenant)
4. All known lead-based paint or lead hazard details — locations, dates, remediation history
5. All available records/reports (inspection, risk assessment, abatement, clearance)
6. Agent/broker names, brokerage, and license numbers (if any)
7. **Sales only**: inspection period choice (default 10 days or negotiated) and contingency terms

## Output Structure

### Sections

| Section | Content |
|---|---|
| Header | Property address, legal description, transaction type, date, party names/addresses, agent details |
| Seller/Landlord Disclosure | One of: (a) known hazards with specifics, (b) no knowledge after reasonable inquiry, or (c) hazards remediated with documentation |
| Hazard Definition | Deteriorated paint, friction/impact surfaces, lead-contaminated dust or soil |
| Records/Reports | List all available records; if none, state "No records available" |
| Pamphlet Delivery | Confirm delivery of "Protect Your Family from Lead in Your Home" or EPA-approved state equivalent |
| Inspection Opportunity | **Sale only.** 10-day default or negotiated period; record waiver or exercise; contingency terms |
| Acknowledgments | Separate initials/signatures for each: disclosure received, records received, pamphlet received, inspection option (sale only) |
| Certifications & Signatures | Seller/landlord, buyer/tenant, and agents — each with printed name, signature, date |

### Template

Adapt as needed; preserve all mandatory elements.

```
LEAD-BASED PAINT DISCLOSURE

Property: [Street Address]
Legal Description: [Deed/Lease Legal Description]
Transaction: [Sale/Lease]
Date: [MM/DD/YYYY]

Seller/Landlord: [Name, Address]
Buyer/Tenant: [Name, Address]
Agents/Brokers: [Name, Brokerage, License No.]

1. Seller/Landlord Disclosure (select one)
[ ] Known lead-based paint and/or hazards present.
    Location/Condition/Date Known: [Details]
[ ] No knowledge of lead-based paint or hazards after reasonable inquiry.
[ ] Previously known hazards remediated/abated.
    Describe work and attach documentation: [Details]

Lead-based paint hazards include deteriorated paint, friction/impact
surfaces, and lead-contaminated dust or soil.

2. Records and Reports
Attached records/reports: [List]
[ ] No records available.

3. Pamphlet Delivery
[ ] "Protect Your Family from Lead in Your Home" (or state equivalent)
    delivered on [Date].

4. Purchaser Inspection Opportunity (Sale only)
[ ] 10-day inspection period: [Start Date] to [End Date]
[ ] Alternative period: [Days], [Start Date] to [End Date]
[ ] Waived by purchaser
Contingency terms (if any): [Summary or contract clause reference]

5. Acknowledgments (initial each)
[ ] Received seller/landlord disclosure
[ ] Received records/reports (or confirmation of none)
[ ] Received EPA pamphlet
[ ] Inspection opportunity/waiver acknowledged (sale only)

6. Certifications
Seller/Landlord: information is true, accurate, and complete;
  all available records provided.
Buyer/Tenant: receipt of disclosures, records, and pamphlet confirmed;
  rights understood.
Agent/Broker: advised seller/landlord of obligations; ensured disclosures
  were provided.

Signatures
Seller/Landlord: __________________ Date: __________ Name: ______________
Buyer/Tenant: ____________________ Date: __________ Name: ______________
Agent/Broker: ____________________ Date: __________ Name: ______________
```

## Compliance Checklist

- [ ] Pre-1978 applicability confirmed
- [ ] Seller/landlord disclosure statement selected and completed
- [ ] Lead hazard definition included
- [ ] Records/reports attached or "none" stated
- [ ] EPA pamphlet delivery acknowledged
- [ ] Buyer inspection option recorded (sale only)
- [ ] All acknowledgments separately initialed/signed
- [ ] All certifications and signature blocks included

## Guidelines

- Do not omit the hazard definition or the pamphlet delivery acknowledgment.
- List every available record/report; if none exist, state so explicitly.
- For sales, always include the inspection opportunity with a clear waiver or election.
- Use plain English; state only what is actually known — no extra assurances.
- Add state or local lead disclosure addenda if required by jurisdiction.
- Retain signed copies for at least 3 years [VERIFY].
- For leases, provide disclosure for each new tenant or renewal [VERIFY].