Lead Paint Disclosure

---
name: lead-paint-disclosure
description: 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.
tags:
  - agreement
  - drafting
  - transactional
---

# 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:

1. **Property** — address, legal description, confirmed pre-1978 construction
2. **Transaction type** — sale or lease
3. **Parties** — names/addresses of all sellers/landlords, buyers/tenants, agents/brokers (with license numbers)
4. **Lead paint records** — inspection reports, risk assessments, abatement certificates, clearance reports, health department correspondence (or confirmation none exist)
5. **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