Home inspector lead disclosure: what sellers, landlords and agents must do study guide
40 CFR Part 745 Subpart F is EPA's rule for disclosing known lead-based paint and lead-based paint hazards when target housing (generally housing built before 1978) is sold or leased. This guide sets out what the rule text and two EPA pages state about the duties: what sellers and lessors must give purchasers and lessees before the contract, what agents must do, the purchaser's 10-day opportunity to conduct an evaluation, the elements of the sales and lease attachments, keeping copies, EPA's sample forms, and how the rule relates to enforcement and to State and local requirements. Which housing and transactions are covered is in the separate lead disclosure scope set. goraedu does not train, test, license or certify home inspectors, and this is not a licensing exam. Home inspector licensing is set by each State, and State and local rules may add their own requirements, so check yours too. Every point links to its official source and quotes its exact words.
Disclosures before the contract
Under 745.107(a), the disclosure activities must be completed before the purchaser or lessee is obligated under any contract to purchase or lease target housing, unless the transaction is exempt under 745.101.
“The following activities shall be completed before the purchaser or lessee is obligated under any contract to purchase or lease target housing that is not otherwise an exempt transaction pursuant to § 745.101.”
40 CFR 745.107, Disclosure requirements for sellers and lessors
Nothing in 745.107 implies a positive obligation on the seller or lessor to conduct any evaluation or reduction activities.
“Nothing in this section implies a positive obligation on the seller or lessor to conduct any evaluation or reduction activities.”
40 CFR 745.107, Disclosure requirements for sellers and lessors
The seller or lessor shall give the purchaser or lessee an EPA-approved lead hazard information pamphlet. The rule names Protect Your Family From Lead in Your Home (EPA #747-K-94-001), or an equivalent pamphlet approved for use in that State by EPA.
“The seller or lessor shall provide the purchaser or lessee with an EPA-approved lead hazard information pamphlet. Such pamphlets include the EPA document entitled Protect Your Family From Lead in Your Home (EPA #747-K-94-001) or an equivalent pamphlet that has been approved for use in that State by EPA.”
40 CFR 745.107, Disclosure requirements for sellers and lessors
The seller or lessor shall disclose to the purchaser or lessee the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased.
“The seller or lessor shall disclose to the purchaser or lessee the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased.”
40 CFR 745.107, Disclosure requirements for sellers and lessors
The seller or lessor shall also disclose any additional information available about the known lead-based paint and/or hazards; the rule gives the basis for the determination, the location, and the condition of the painted surfaces as examples.
“The seller or lessor shall also disclose any additional information available concerning the known lead-based paint and/or lead-based paint hazards, such as the basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.”
40 CFR 745.107, Disclosure requirements for sellers and lessors
The seller or lessor shall provide the purchaser or lessee with any records or reports available to the seller or lessor pertaining to lead-based paint and/or hazards in the target housing being sold or leased, and this includes records or reports regarding common areas.
“The seller or lessor shall provide the purchaser or lessee with any records or reports available to the seller or lessor pertaining to lead-based paint and/or lead-based paint hazards in the target housing being sold or leased. This requirement includes records or reports regarding common areas.”
40 CFR 745.107, Disclosure requirements for sellers and lessors
In multifamily target housing, the requirement also covers records or reports on other residential dwellings, provided the information is part of an evaluation or reduction of the target housing as a whole.
“This requirement also includes records or reports regarding other residential dwellings in multifamily target housing, provided that such information is part of an evaluation or reduction of lead-based paint and/or lead-based paint hazards in the target housing as a whole.”
40 CFR 745.107, Disclosure requirements for sellers and lessors
If any disclosure activity occurs after the purchaser or lessee has made an offer, the seller or lessor shall complete the required disclosure activities before accepting the offer, and allow the purchaser or lessee an opportunity to review the information and possibly amend the offer.
“If any of the disclosure activities identified in paragraph (a) of this section occurs after the purchaser or lessee has provided an offer to purchase or lease the housing, the seller or lessor shall complete the required disclosure activities prior to accepting the purchaser's or lessee's offer and allow the purchaser or lessee an opportunity to review the information and possibly amend the offer.”
40 CFR 745.107, Disclosure requirements for sellers and lessors
The seller or lessor shall disclose to each agent the presence of any known lead-based paint and/or hazards and the existence of any available records or reports pertaining to them, and shall also disclose to the agent any additional information available about the known lead-based paint and/or hazards.
“The seller or lessor shall disclose to each agent the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased and the existence of any available records or reports pertaining to lead-based paint and/or lead-based paint hazards. The seller or lessor shall also disclose any additional information available concerning the known lead-based paint and/or lead-based paint hazards, such as the basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.”
40 CFR 745.107, Disclosure requirements for sellers and lessors
Agent duties
Each agent shall ensure compliance with all requirements of Subpart F.
“Each agent shall ensure compliance with all requirements of this subpart.”
To ensure compliance, the agent shall inform the seller or lessor of his/her obligations under 745.107, 745.110 and 745.113.
“Inform the seller or lessor of his/her obligations under §§ 745.107, 745.110, and 745.113.”
The agent shall also do one of two things: ensure that the seller or lessor has performed all activities required under those sections, or personally ensure compliance with them.
“Ensure that the seller or lessor has performed all activities required under §§ 745.107, 745.110, and 745.113, or personally ensure compliance with the requirements of §§ 745.107, 745.110, and 745.113.”
If the agent has informed the seller or lessor of his/her obligations (745.115(a)(1)), the agent shall not be liable for the failure to disclose to a purchaser or lessee lead-based paint and/or hazards known by the seller or lessor but not disclosed to the agent.
“If the agent has complied with paragraph (a)(1) of this section, the agent shall not be liable for the failure to disclose to a purchaser or lessee the presence of lead-based paint and/or lead-based paint hazards known by a seller or lessor but not disclosed to the agent.”
EPA's page says real estate agents must inform sellers of his or her obligations under the rule.
“Real estate agents must inform sellers of his or her obligations under the Real Estate Notification and Disclosure Rule.”
EPA: Real Estate Disclosures about Potential Lead Hazards (retrieved Nov 15, 2026)
EPA's page says agents are responsible, along with the seller or lessor, for complying with the rule, unless the seller or lessor fails to disclose to the agent all information on lead-based paint or hazards.
“Agents are responsible, along with the seller or lessor, for complying with this rule unless the seller or lessor fails to disclose to the agent all information on lead-based paint or lead-based paint hazards.”
EPA: Real Estate Disclosures about Potential Lead Hazards (retrieved Nov 15, 2026)
EPA's Section 1018 page says sellers, landlords, property managers, and real estate agents are all responsible for compliance.
“Sellers, landlords, property managers, and real estate agents are all responsible for compliance.”
EPA: Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (retrieved Nov 15, 2026)
Not covered here
Who counts as an "agent" under 745.103 is covered in the separate lead disclosure scope set. We only write what an official source states, so study these parts with your certifying program's materials.
The 10-day evaluation opportunity
Before a purchaser is obligated under any contract to purchase target housing, the seller shall permit the purchaser a 10-day period to conduct a risk assessment or inspection, unless the parties mutually agree, in writing, upon a different period of time.
“Before a purchaser is obligated under any contract to purchase target housing, the seller shall permit the purchaser a 10-day period (unless the parties mutually agree, in writing, upon a different period of time) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.”
A purchaser may waive the opportunity to conduct the risk assessment or inspection by so indicating in writing.
“Not withstanding paragraph (a) of this section, a purchaser may waive the opportunity to conduct the risk assessment or inspection by so indicating in writing.”
EPA's page says the parties may mutually agree, in writing, to lengthen or shorten the time period, and homebuyers may waive the inspection opportunity.
“Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. Homebuyers may waive this inspection opportunity.”
EPA: Real Estate Disclosures about Potential Lead Hazards (retrieved Nov 15, 2026)
EPA's page says a homebuyer concerned about possible lead-based paint may hire a certified inspector to conduct a lead-based paint inspection before committing to buy.
“If a homebuyer is a concerned about possible lead-based paint, they may hire a certified inspector to conduct a lead-based paint inspection before committing to buy.”
EPA: Real Estate Disclosures about Potential Lead Hazards (retrieved Nov 15, 2026)
For renters, EPA's page says they can ask the landlord or property manager to get a paint inspection from a certified inspector before signing a lease, but landlords and property managers are not required to do so by the Disclosure Rule.
“Renters can ask their landlord or property manager to get a paint inspection from a certified inspector before signing a lease; however, landlords and property managers are not required to do so by this Disclosure Rule.”
EPA: Real Estate Disclosures about Potential Lead Hazards (retrieved Nov 15, 2026)
Not covered here
The definitions of "evaluation", "inspection" and "risk assessment" are covered in the separate lead disclosure scope set. We only write what an official source states, so study these parts with your certifying program's materials.
The sales contract attachment
Each contract to sell target housing shall include an attachment containing the elements listed in 745.113(a), in the language of the contract (e.g., English, Spanish).
“Each contract to sell target housing shall include an attachment containing the following elements, in the language of the contract (e.g., English, Spanish):”
40 CFR 745.113, Certification and acknowledgment of disclosure
The sales Lead Warning Statement begins by notifying every purchaser of an interest in residential property with a dwelling built prior to 1978 that the property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning.
“Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning.”
40 CFR 745.113, Certification and acknowledgment of disclosure
The statement says the seller is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and to notify the buyer of any known hazards, and that a risk assessment or inspection is recommended prior to purchase.
“The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.”
40 CFR 745.113, Certification and acknowledgment of disclosure
The attachment includes a statement by the seller either disclosing the presence of known lead-based paint and/or hazards or indicating no knowledge of their presence. The seller shall also provide any additional information available about the known lead-based paint and/or hazards.
“A statement by the seller disclosing the presence of known lead-based paint and/or lead-based paint hazards in the target housing being sold or indicating no knowledge of the presence of lead-based paint and/or lead-based paint hazards. The seller shall also provide any additional information available concerning the known lead-based paint and/or lead-based paint hazards, such as the basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.”
40 CFR 745.113, Certification and acknowledgment of disclosure
It includes a list of any available records or reports that have been provided to the purchaser. If no such records or reports are available, the seller shall so indicate.
“A list of any records or reports available to the seller pertaining to lead-based paint and/or lead-based paint hazards in the housing that have been provided to the purchaser. If no such records or reports are available, the seller shall so indicate.”
40 CFR 745.113, Certification and acknowledgment of disclosure
It includes a statement by the purchaser affirming receipt of the information in the seller's disclosure statement and records list (745.113(a)(2) and (3)) and of the lead hazard information pamphlet.
“A statement by the purchaser affirming receipt of the information set out in paragraphs (a)(2) and (3) of this section and the lead hazard information pamphlet required under 15 U.S.C. 2686.”
40 CFR 745.113, Certification and acknowledgment of disclosure
It includes a statement by the purchaser that he/she has either received the opportunity to conduct the risk assessment or inspection required by 745.110(a), or waived the opportunity.
“A statement by the purchaser that he/she has either: (i) Received the opportunity to conduct the risk assessment or inspection required by § 745.110(a); or (ii) Waived the opportunity.”
40 CFR 745.113, Certification and acknowledgment of disclosure
When one or more agents are involved on behalf of the seller, it includes a statement that the agent has informed the seller of the seller's obligations under 42 U.S.C. 4852d and is aware of his/her duty to ensure compliance.
“When one or more agents are involved in the transaction to sell target housing on behalf of the seller, a statement that: (i) The agent has informed the seller of the seller's obligations under 42 U.S.C. 4852d; and (ii) The agent is aware of his/her duty to ensure compliance with the requirements of this subpart.”
40 CFR 745.113, Certification and acknowledgment of disclosure
It also includes the signatures of the sellers, agents, and purchasers certifying to the accuracy of their statements to the best of their knowledge, along with the dates of signature.
“The signatures of the sellers, agents, and purchasers certifying to the accuracy of their statements to the best of their knowledge, along with the dates of signature.”
40 CFR 745.113, Certification and acknowledgment of disclosure
EPA's page says the Lead Warning Statement given to buyers or renters can be an attachment to or language inserted into the contract or lease, should be in the same language as the rest of the contract, and should include confirmation that the seller or landlord has complied with all requirements under the rule.
“Provide a "Lead Warning Statement" to buyers or renters explaining, among other things, that lead from paint can pose health hazards if not managed properly. This can be an attachment to or as language inserted into the contract or lease. This should be in the same language as the rest of the contract. It should include confirmation that the seller or landlord has complied with all requirements under the Lead-Based Paint Disclosure Rule.”
EPA: Real Estate Disclosures about Potential Lead Hazards (retrieved Nov 15, 2026)
Not covered here
The full text of the sales Lead Warning Statement is not reproduced here; read it in 745.113(a)(1). We only write what an official source states, so study these parts with your certifying program's materials.
Lease disclosures
Each contract to lease target housing shall include the 745.113(b) elements, as an attachment or within the contract, in the language of the contract (e.g., English, Spanish).
“Each contract to lease target housing shall include, as an attachment or within the contract, the following elements, in the language of the contract (e.g., English, Spanish):”
40 CFR 745.113, Certification and acknowledgment of disclosure
The lease Lead Warning Statement begins: housing built before 1978 may contain lead-based paint, and lead from paint, paint chips, and dust can pose health hazards if not managed properly.
“Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly.”
40 CFR 745.113, Certification and acknowledgment of disclosure
It goes on to say that before renting pre-1978 housing, lessors must disclose known lead-based paint and/or hazards in the dwelling, and lessees must also receive a federally approved pamphlet on lead poisoning prevention.
“Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.”
40 CFR 745.113, Certification and acknowledgment of disclosure
The lease elements include a statement by the lessor either disclosing the presence of known lead-based paint and/or hazards or indicating no knowledge of their presence. The lessor shall also disclose any additional information available about the known lead-based paint and/or hazards.
“A statement by the lessor disclosing the presence of known lead-based paint and/or lead-based paint hazards in the target housing being leased or indicating no knowledge of the presence of lead-based paint and/or lead-based paint hazards. The lessor shall also disclose any additional information available concerning the known lead-based paint and/or lead-based paint hazards, such as the basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.”
40 CFR 745.113, Certification and acknowledgment of disclosure
They include a list of available records or reports provided to the lessee. If none are available, the lessor shall so indicate.
“A list of any records or reports available to the lessor pertaining to lead-based paint and/or lead-based paint hazards in the housing that have been provided to the lessee. If no such records or reports are available, the lessor shall so indicate.”
40 CFR 745.113, Certification and acknowledgment of disclosure
They include a statement by the lessee affirming receipt of the information in the lessor's disclosure statement and records list (745.113(b)(2) and (3)) and of the lead hazard information pamphlet.
“A statement by the lessee affirming receipt of the information set out in paragraphs (b)(2) and (3) of this section and the lead hazard information pamphlet required under 15 U.S.C. 2686.”
40 CFR 745.113, Certification and acknowledgment of disclosure
When one or more agents are involved on behalf of the lessor, the lease elements include a statement that the agent has informed the lessor of the lessor's obligations under 42 U.S.C. 4852d and is aware of his/her duty to ensure compliance with Subpart F.
“When one or more agents are involved in the transaction to lease target housing on behalf of the lessor, a statement that: (i) The agent has informed the lessor of the lessor as obligations under 42 U.S.C. 4852d; and (ii) The agent is aware of his/her duty to ensure compliance with the requirements of this subpart.”
40 CFR 745.113, Certification and acknowledgment of disclosure
They also include the signatures of the lessors, agents, and lessees, certifying to the accuracy of their statements, to the best of their knowledge, along with the dates of signature.
“The signatures of the lessors, agents, and lessees, certifying to the accuracy of their statements, to the best of their knowledge, along with the dates of signature.”
40 CFR 745.113, Certification and acknowledgment of disclosure
Keeping records, forms and electronic disclosure
The seller, and any agent, shall retain a copy of the completed sales attachment for no less than 3 years from the completion date of the sale.
“The seller, and any agent, shall retain a copy of the completed attachment required under paragraph (a) of this section for no less than 3 years from the completion date of the sale.”
40 CFR 745.113, Certification and acknowledgment of disclosure
The lessor, and any agent, shall retain a copy of the completed attachment or lease contract for no less than 3 years from the commencement of the leasing period.
“The lessor, and any agent, shall retain a copy of the completed attachment or lease contract containing the information required under paragraph (b) of this section for no less than 3 years from the commencement of the leasing period.”
40 CFR 745.113, Certification and acknowledgment of disclosure
EPA's page puts it as: keep a signed copy of the disclosures for three years after the sale is completed or the lease begins.
“Keep a signed copy of the disclosures for three years after the sale is completed or the lease begins.”
EPA: Real Estate Disclosures about Potential Lead Hazards (retrieved Nov 15, 2026)
The seller, lessor, or agent is not responsible if the purchaser's or lessee's legal representative (one who receives all compensation from the purchaser or lessee) fails to transmit the disclosure materials, provided all required parties have completed and signed the certification and acknowledgment language.
“The seller, lessor, or agent shall not be responsible for the failure of a purchaser's or lessee's legal representative (where such representative receives all compensation from the purchaser or lessee) to transmit disclosure materials to the purchaser or lessee, provided that all required parties have completed and signed the necessary certification and acknowledgment language required under paragraphs (a) and (b) of this section.”
40 CFR 745.113, Certification and acknowledgment of disclosure
EPA says sellers and lessors are required to disclose the presence of lead-based paint or lead-based paint hazards, but they are not required to use EPA's sample forms, although many do.
“Sellers and lessors are required to disclose the presence of lead-based paint or lead-based paint hazards, they are not required to use these sample forms, although many do.”
EPA: Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (retrieved Nov 15, 2026)
EPA's updated sample forms ask landlords and sellers to describe what is known about the presence of lead-based paint or hazards in the housing.
“The updated forms ask landlords and sellers to describe what is known about the presence of lead-based paint or lead-based paint hazards in the housing.”
EPA: Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (retrieved Nov 15, 2026)
The updated forms indicate that sellers, purchasers, and lessees initial the form rather than use a check mark.
“Indications for sellers, purchasers, and lessees to initial the form rather than use a check mark.”
EPA: Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (retrieved Nov 15, 2026)
If the required disclosure information is provided electronically, EPA's page says to provide, among other things, a clear statement on the renter's or buyer's right to receive paper documents, procedures to withdraw consent and the consequences of doing so, and how to access and retain electronic records.
“If providing the required disclosure information electronically to renters or buyers, provide, among other things: a clear statement on their right to receive paper documents, procedures to withdraw consent and the consequences of doing so, and how to access and retain electronic records.”
EPA: Real Estate Disclosures about Potential Lead Hazards (retrieved Nov 15, 2026)
If disclosure is given electronically, EPA says consent must be obtained from the renter or buyer to show they can access the forms electronically.
“If using electronic disclosure, must get consent from the renter or buyer to show they can access the forms electronically.”
EPA: Real Estate Disclosures about Potential Lead Hazards (retrieved Nov 15, 2026)
EPA says sellers, landlords, or managers of rental properties and their agents should make sure that the electronic technology gives renters or buyers complete access to all disclosure materials.
“Sellers, landlords, or managers of rental properties and their agents should make sure that the use of electronic technology provides renters or buyers complete access to all disclosure materials.”
EPA: Real Estate Disclosures about Potential Lead Hazards (retrieved Nov 15, 2026)
Enforcement and State and local rules
Failure or refusal to comply with 745.107, 745.110, 745.113 or 745.115 is a violation of 42 U.S.C. 4852d(b)(5) and of TSCA section 409 (15 U.S.C. 2689).
“Failure or refusal to comply with § 745.107 (disclosure requirements for sellers and lessors), § 745.110 (opportunity to conduct an evaluation), § 745.113 (certification and acknowledgment of disclosure), or § 745.115 (agent responsibilities) is a violation of 42 U.S.C. 4852d(b)(5) and of TSCA section 409 (15 U.S.C. 2689).”
Violators may be subject to civil and criminal sanctions under TSCA section 16 (15 U.S.C. 2615) for each violation.
“Violators may be subject to civil and criminal sanctions pursuant to TSCA section 16 (15 U.S.C. 2615) for each violation.”
EPA's page says a seller, landlord, real estate agent or property manager who does not give the proper information to homebuyers and renters may be subject to penalties.
“A seller, landlord, real estate agent or property manager who does not give the proper information to homebuyers and renters may be subject to penalties.”
EPA: Real Estate Disclosures about Potential Lead Hazards (retrieved Nov 15, 2026)
Anyone who did not receive the disclosure when buying or renting pre-1978 housing can report it, EPA says, at epa.gov/lead/violation.
“If you did not receive the disclosure of information on lead-based paint or lead-based paint hazards when you bought or rented pre-1978 housing, report this information to: epa.gov/lead/violation.”
EPA: Real Estate Disclosures about Potential Lead Hazards (retrieved Nov 15, 2026)
Subpart F does not relieve a seller, lessor, or agent from any responsibility for complying with State or local laws, ordinances, codes, or regulations on notice or disclosure of known lead-based paint or hazards.
“Nothing in this subpart shall relieve a seller, lessor, or agent from any responsibility for compliance with State or local laws, ordinances, codes, or regulations governing notice or disclosure of known lead-based paint or lead-based paint hazards.”
Neither HUD nor EPA assumes any responsibility for ensuring compliance with those State or local requirements.
“Neither HUD nor EPA assumes any responsibility for ensuring compliance with such State or local requirements.”
Not covered here
Penalty amounts and the other remedies in 745.118 are not covered here. We only write what an official source states, so study these parts with your certifying program's materials.
Sources
- eCFR: 40 CFR 745.107, Disclosure requirements for sellers and lessors (as of Nov 12, 2026)Checked November 15, 2026
- eCFR: 40 CFR 745.115, Agent responsibilities (as of Nov 12, 2026)Checked November 15, 2026
- EPA: Real Estate Disclosures about Potential Lead Hazards (retrieved Nov 15, 2026)Checked November 15, 2026
- EPA: Lead-Based Paint Disclosure Rule (Section 1018 of Title X) (retrieved Nov 15, 2026)Checked November 15, 2026
- eCFR: 40 CFR 745.110, Opportunity to conduct an evaluation (as of Nov 12, 2026)Checked November 15, 2026
- eCFR: 40 CFR 745.113, Certification and acknowledgment of disclosure (as of Nov 12, 2026)Checked November 15, 2026
- eCFR: 40 CFR 745.118, Enforcement (as of Nov 12, 2026)Checked November 15, 2026
- eCFR: 40 CFR 745.119, Impact on State and local requirements (as of Nov 12, 2026)Checked November 15, 2026
Other Home inspector study guides: Lead disclosure: which sales and leases it covers, Radon testing in home sales, Radon reduction and radon-resistant features