Selling a Home Built Before 1978? Your Lead Disclosure Obligations

Selling is different from renting. Learn the specific 10-day inspection window rule that could kill your closing if handled incorrectly.

When you are selling a home built before 1978, the lead paint disclosure rules have a slightly different twist compared to renting.

The 10-Day Inspection Period

The biggest difference is the 10-day inspection opportunity. Under federal law, you must give the buyer a 10-day period to conduct a paint inspection or risk assessment for lead-based paint hazards.

• The Buyer's Choice: The buyer can waive this right (and many do in hot markets to make their offer more attractive), but you Must offer it.
• The Form: Your disclosure form has a specific section where the buyer initials that they have received this opportunity or waived it.

The "Lead Warning Statement"

Your sales contract must include a specific attachment containing the "Lead Warning Statement". This isn't just a formality—if this specific language is missing, the contract can be voided, and you could be liable for triple damages.

Renovations Consideration

If you fixed up the house to sell it, did you test for lead? If you did, and you have a report, you must provide it. Hiding a known report during a sale is fraud and can lead to massive post-closing lawsuits.