Lead Based Paint Disclosure

Whether you are a purchaser or a renter, if you are interested in a residential real property that was built before 1978 you will need to complete a lead based paint disclosure. If you are a seller, your real estate agent will provide you with one to fill out so that you can provide it to the buyer/renter. Properties built before 1978 may be exposed to lead from lead-based paint.

Buyers have up to 10 days to check for lead in the residential dwelling. They can order a paint inspection which will tell if the home has lead based paint and also where it is located. A risk assessment will tell you if there are any lead hazards in your home. It also tells you what you need to do in order to address any of the hazards.
Lead an get into people’s bodies by swallowing or breathing in lead dust, or by eating paint chips containing lead. Lead poisoning is especially dangerous to young children and/ or pregnant women. If the pregnant woman has a high level of lead in her system prior to pregnancy, this could expose the fetus to lead through the placenta during fetal development. Lead poisoning can cause permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems and impaired memory in children.  In adults, it can cause fertility problems, high blood pressure, digestive problems, muscle and joint pain, nerve disorders and memory and concentration problems.

If it is known that there are lead based paint hazards, then this must be disclosed by law on the lead based paint disclosure. As a seller, it is your responsibility to not only complete the lead based paint disclosure and provide it to the buyer/renter but to also supply the purchaser/renter with a lead based paint pamphlet which covers lead based paint in more detail.

If your residential dwelling was built after 1978 you are not required to fill out a lead based paint disclosure. The reason for this is because the paint that is now used does not contain lead. As a seller you are required, however, to provide the buyer/tenant with the lead based paint pamphlet to inform them.

Lead based paint is a serious matter which is why the federal government banned it in homes and apartments throughout the entire country. It is important to take special precautions when dealing with lead based paint.