Lead-Based Paint Disclosure

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

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:

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:

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