Lead paint in older homes: the federal disclosure and your 10-day window

What the seller must give you

Under the federal real estate disclosure rule, sellers of pre-1978 housing must disclose known lead-based paint and lead-based paint hazards, provide any available records or reports about them, and give buyers the federal lead hazard information pamphlet. The sales contract includes a lead warning statement and a disclosure form signed by the parties. Real estate agents involved in the sale have duties to make sure this happens.

Read the disclosure form carefully. "No knowledge" is a common answer, and it means only that the seller does not know, not that the home is free of lead.

Your 10-day evaluation window

The regulation at 40 CFR 745.110 says that before a purchaser is obligated under any contract to buy target housing, the seller shall permit the purchaser a 10-day period to conduct a risk assessment or inspection for lead-based paint or lead-based paint hazards. Two details change how it works in practice:

• The parties can mutually agree in writing to a different period.
• The buyer may waive the opportunity entirely by indicating so in writing.

Offer forms usually include a lead section where you choose to keep the 10 days, agree to another period or waive it. Do not tick the waiver box by default.

Inspection or risk assessment?

A lead inspection identifies whether lead-based paint is present and where. A risk assessment looks for current hazards, such as deteriorating paint or lead dust, and suggests ways to control them. For a buyer deciding whether to proceed and how much repairs might cost, a risk assessment often answers the more practical question. Use certified professionals, and ask what the report will include and how soon you will receive it, so the results arrive inside your window.

The calculator below counts days from your start date. Check the contract to confirm when the window starts and whether it counts calendar or business days.

If hazards are found

EPA explains that lead-based paint is usually not a hazard if it is in good condition, but that deteriorating paint is a hazard that needs prompt attention. Options include asking the seller to correct hazards before closing, negotiating a credit or price reduction, or, if your contract allows, cancelling. Correcting hazards should be done with lead-safe work practices; renovation, repair and painting work on pre-1978 homes by contractors is subject to EPA's lead-safe certification rules.

Think about your plans too. If you intend to renovate, sand or replace windows, lead affects how that work must be done and what it costs.

Loans and appraisals

FHA appraisals on homes built before 1978 look for defective paint, and lenders may require repair before closing. That can affect as-is sales. If you are using FHA, ask your lender early how a peeling-paint finding would be handled.

Keep the paperwork

Keep the signed disclosure, the pamphlet acknowledgment and any lead reports with your closing documents. They are part of your record of the home's history, and they help if you sell or renovate later.