ABA Family Legal Guide

Home Ownership

Property Insurance and Other Protections

Environmental Issues

Are there any laws regulating disclosure of lead paint hazards?

Federal lead-based paint disclosure rules were enacted in 1996, and require sellers or landlords to disclose any information about lead-based paint hazards when selling or leasing to any purchaser or tenant of residential housing built before 1978. The rule also requires disclosure by brokers and real estate agents. In addition, the seller or the landlord must provide the purchaser or the tenant with an EPA-approved lead pamphlet, and copies of any record or inspection report concerning lead-based paint. The purchaser must also be given the opportunity to perform a lead inspection within ten days of signing the purchase agreement, unless the purchaser waives its right of inspection. If lead is found in the house, the rule does not require the seller to pay for a lead inspection or to remove the lead. Finally, the parties must sign a lead disclosure form, stating that the purchaser received a pamphlet and any records or reports relating to the lead-based paint.

The EPA conducts inspections of lease and purchase agreements at realty firms in order to check compliance with the rule. A person who leased or purchased a home from a seller who did not comply with the rule can bring a civil action against the seller for treble damages.

Also note that some states have stricter laws regarding lead paint and rental units. In Massachusetts, for example, few landlords would rent their units to people with children under age six unless the unit had been deleaded. That's because landlords can be held liable for any lead-induced illnesses that later develop in these children if the unit had not been deleaded.