The Federal Lead Paint Disclosure Rule When Selling a Pre-1978 House

3 min read · Last updated 2026-08-03 · Reviewed by Joseph Mena, CFO of Cash Flow Deals.

If your house was built before 1978, federal law requires you to tell the buyer about known lead-based paint before they're bound to the contract. You must give them the EPA pamphlet on lead hazards, disclose what you know, hand over any test records, and let them use a 10-day window to test the paint themselves. With Cash Flow Deals, you choose between the Fast Cash Offer, where we buy your house as-is and close, and the Premium Cash Offer, where a pre-approved FHA or conventional buyer we already have, ready to go, pays more and buys directly from you. This disclosure rule still applies whichever offer you choose.

Factor	Traditional Route	Cash Flow Deals
Who the rule applies to	Any seller of housing built before 1978, with narrow exemptions	Same rule applies. Cash Flow Deals' buyers are real FHA or conventional homebuyers covered by it
What you have to provide	EPA pamphlet, disclosure form, Lead Warning Statement, and any known records	Same requirement, handled as part of the file before closing
Buyer's inspection window	10 days by default, unless both sides agree in writing to change it	The same 10-day right applies to the buyer

The Rule in Plain Terms

The federal Real Estate Notification and Disclosure Rule, under Section 1018 of Title X, applies to most private, public, and federally connected housing built before 1978. If your house falls in that window, you're required to tell a buyer what you know about lead-based paint on the property before they're legally bound to the purchase contract. This isn't a state rule that varies by location, it's federal and it applies the same way everywhere.

What You Actually Have to Give the Buyer

Four things. The EPA pamphlet 'Protect Your Family From Lead In Your Home.' A disclosure of any lead-based paint or hazards you're aware of, including where it is and what condition it's in. Copies of any records or reports about lead-based paint you actually have, including in shared areas if it's a multi-unit property. And a signed Lead Warning Statement confirming both sides understand the rule was followed. Keep a copy of everything for three years after the sale closes.

The Buyer's 10-Day Window

Once you've made the required disclosure, the buyer gets 10 days to have the property professionally inspected or risk-assessed for lead-based paint before they're bound to the contract. Both sides can agree in writing to shorten or lengthen that window, and the buyer can waive the inspection entirely if they choose to. What they can't do is get bound to the contract before that opportunity is offered.

What Happens If You Skip It

This is a federal requirement, enforced by the EPA and HUD, not an optional courtesy. Skipping the disclosure exposes a seller to real legal and financial liability, and it can unwind a closing after the fact if a buyer finds out the required information was withheld. There's no version of the buyer didn't ask that gets a seller out of an affirmative disclosure duty that federal law puts on the seller, not the buyer.

How This Applies to a Cash Flow Deals Sale

Cash Flow Deals gives you two choices: the Fast Cash Offer, where we buy your house as-is and close, and the Premium Cash Offer, where a pre-approved FHA or conventional buyer we already have, ready to go, pays more and buys directly from you, funded by their own lender. You choose. We cover repair costs, and we figure out a way, so nothing comes out of your pocket. With Premium, only what the buyer's lender requires gets fixed, with costs settled from the sale proceeds out of our share, not your number; with Fast Cash, you sell as-is without making repairs. For either offer, the number is agreed before any work starts, and it changes only if you agree. The one exception: if something structural surfaces that was not visible or disclosed before we signed — foundation issues, hidden moisture, old wiring, cast-iron drain failure — we re-cost it and bring the number back to you. You decide. You can walk away. We disclose what we know at offer time so this almost never happens. If the Premium buyer's loan falls through, that is our problem, not yours, and you can still take the Fast Cash Offer at its own number instead of the Premium Cash Offer. The federal lead paint disclosure rule applies to your Premium sale just as it would in a traditional sale, and choosing Fast Cash does not remove that requirement. Nothing about how Cash Flow Deals is structured removes or shortcuts this requirement.

Common questions

What if I don't know whether there's lead paint?

You only have to disclose what you actually know. You're not required to test the house to find out before selling, but if you have no knowledge, you still have to complete the disclosure form stating that.

Does this apply if my house was built in 1978 or later?

No. The federal rule applies to housing built before 1978, when lead-based residential paint was still in common use.

Can the buyer waive the 10-day inspection?

Yes. The buyer can choose to waive their right to the inspection window, but they have to be given the opportunity first.

Does a for-sale-by-owner deal still need this disclosure?

Yes. The rule applies based on the age and type of the housing, not on whether an agent or brokerage is involved in the sale.