Seller disclosure: the federal lead rule and your state's form
A seller disclosure tells the buyer what you know about the home's condition. One federal rule applies everywhere; the rest comes from your state. Here is how to get both right.
Key points
- For homes built before 1978, federal law sets lead-based paint disclosure duties for every seller.
- Each state sets its own disclosure rules. Some publish a required form; others set fewer duties.
- Answer from what you actually know, attach reports and receipts, and never guess.
- Selling "as is" is about repairs. Ask a local attorney how it affects your disclosure duties.
What a seller disclosure is
A seller disclosure is a written statement about the home's condition and history, given to the buyer before or with the contract. It helps the buyer decide and protects you, because a clear record of what you told the buyer reduces arguments later.
The federal lead-based paint rule (homes built before 1978)
Under the federal Lead-Based Paint Disclosure Rule, sellers of housing built before 1978 must do the following (EPA):
- Give the buyer the EPA pamphlet Protect Your Family From Lead in Your Home.
- Disclose any known information about lead-based paint or lead hazards in the home.
- Hand over all available records and reports about lead-based paint and hazards.
- Include the Lead Warning Statement in the contract or as an attachment, confirming you have met the rule.
- Give the buyer a 10-day period to have the home tested for lead. The buyer can waive it, or both sides can agree in writing to change it.
- Keep signed copies of the disclosures for three years after the sale closes.
EPA's page also explains extra steps if you deliver the disclosures electronically. These duties apply whether or not you use an agent.
State disclosure rules vary
Beyond the lead rule, disclosure duties come from state law, and they differ widely. Some states publish a standard form that sellers must complete. Others ask for less, or leave more to the contract. Some cities and counties add their own items.
How to find your state's rules and form
- Start with your state's real estate commission or licensing agency. The ARELLO regulatory agency directory lists the official regulator for every US state, with links to their websites.
- Search your state legislature's website for "residential property disclosure".
- Ask a real estate attorney or title company in your state which forms local sellers use.
Topics state forms often cover
- Roof age, leaks and repairs.
- Water in the basement or crawl space, flooding and drainage.
- Foundation or structural problems.
- Plumbing, electrical, heating and cooling systems.
- Pest damage and treatments.
- Environmental items such as radon tests (EPA radon), mold or underground tanks.
- Additions or remodels, and whether they had permits.
- HOA membership, dues and known disputes or lawsuits.
- Boundary questions, easements or shared driveways.
How to fill in your disclosure form well
- Answer what you know. If you do not know, say so; do not guess.
- Be specific. "Roof leak over the kitchen, repaired by a licensed roofer, receipt attached" beats "past leak".
- Attach paperwork: inspection reports, repair invoices, warranties and permits.
- Give it early, and get the buyer's signed receipt.
- Update it if something changes before closing, and ask your attorney what your state requires.
When to give the disclosure
Give the buyer your disclosures before they sign the contract, or as your state's law requires. For the lead rule, the disclosure and the Lead Warning Statement must be part of the contract or attached to it (EPA). Keep a copy signed by the buyer with your closing papers.
Buyers: read the form slowly, compare it with what you see at the showing and in the inspection report, and ask follow-up questions in writing. A blank or vague answer is a reason to ask more, not to assume the best.
Selling "as is"
"As is" usually means you will not make repairs. It does not mean you can hide what you know. Ask a local attorney how an "as is" sale affects your duties in your state.
Where to get help or complain
Your state real estate commission and your state consumer protection office can answer general questions. USA.gov lists every state consumer protection office.
Sources
- EPA: Real estate disclosures about potential lead hazards
- EPA: Protect Your Family From Lead in Your Home (pamphlet)
- ARELLO: directory of real estate regulatory agencies (every US state)
- EPA: Radon
- USA.gov: State consumer protection offices
How we write: we check every legal and money statement against the official sources above. Read our process or report a mistake.