The Federal Lead Paint Disclosure Rule When Selling a Pre-1978 House
2 min read · Last updated 2026-08-03 · Reviewed by Camilo Palacio, Licensed Florida Real Estate Professional (License #3280644, REALTOR®)
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. Cash Flow Deals' buyers are real financed homebuyers, so this exact rule still applies.
| 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 connects a seller's house with a real FHA or conventional homebuyer, funded by that buyer's own lender, through a novation-based, flat-fee process arranged with a licensed local broker partner. Because the buyer is a real financed buyer, the federal lead paint disclosure rule applies exactly the same way it would in a traditional sale. 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.