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name: lead-paint-disclosure language: en 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

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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