| 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"] |
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:
- Property — address, legal description, confirmed pre-1978 construction
- Transaction type — sale or lease
- Parties — names/addresses of all sellers/landlords, buyers/tenants, agents/brokers (with license numbers)
- Lead paint records — inspection reports, risk assessments, abatement certificates, clearance reports, health department correspondence (or confirmation none exist)
- 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
