If a California home was built before 1978, federal law adds a layer of paperwork — and a 10-day window for you to test for lead.
Why pre-1978 matters
Lead-based paint was banned for residential use in 1978. So federal law focuses on housing built before 1978, where lead paint may still be present under newer coats. The Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) and EPA's disclosure rule (Section 1018) require disclosure before the sale or lease of most pre-1978 housing.
What the seller must do
For a covered pre-1978 home, the seller (and the agents) must, before the buyer is obligated under the contract:
- Disclose any known lead-based paint and lead-based paint hazards in the home.
- Provide records and reports the seller has about lead-based paint and hazards.
- Give the pamphlet — the EPA/HUD booklet "Protect Your Family From Lead in Your Home."
- Include a Lead Warning Statement and the required disclosure/acknowledgment language in the sales contract.
- Offer the 10-day opportunity for the buyer to inspect or assess (see below).
The 10-day inspection opportunity
Sellers must give buyers a 10-day period (unless the parties mutually agree to a different length) to conduct a lead-based paint inspection or risk assessment at the buyer's expense. The buyer can also choose to waive this opportunity in writing.
This window lets buyers test before they're locked in, especially important for families with young children or pregnant household members.
How it fits with California disclosures
The lead-based paint rule is federal and applies nationwide, including California. It sits alongside California's own disclosure forms (TDS, SPQ, NHD, and others). In a California pre-1978 sale you'll typically see a combined federal lead-based paint disclosure form that captures the seller's disclosure, the agent's acknowledgment, the pamphlet delivery, and the buyer's inspection election — all signed by the parties.
Records of the disclosure should be retained; the rule contemplates a multi-year retention period for compliance documentation.
What buyers and sellers should do
- Sellers: disclose what you know, hand over any lead reports you have, deliver the pamphlet, and use the proper federal form. Don't guess — disclose known facts honestly.
- Buyers: decide whether to use the 10-day window to test, especially if children or pregnant occupants will live there. Hire a certified lead inspector or risk assessor.
- Both: keep signed copies; compliance documentation should be retained.
Important Disclaimer
Brian Cooper is a licensed REALTOR® with eXp Realty, not an attorney or CPA. This page is general information about California real estate practice and is not legal or tax advice. Disclosure laws and the standard C.A.R. forms change, and every transaction is different. Confirm the specifics for your situation with the appropriate licensed professional (real estate attorney, CPA, or your county) and the current California law and C.A.R. forms before you act.
Frequently Asked Questions
Which homes need a lead-based paint disclosure?
Most housing built before 1978. Federal Title X / Section 1018 requires disclosure of known lead-based paint and hazards before the sale or lease of most pre-1978 housing.
What is the EPA/HUD pamphlet?
It is the booklet 'Protect Your Family From Lead in Your Home,' which sellers and landlords of pre-1978 housing must provide to buyers and tenants as part of the disclosure.
What is the 10-day inspection opportunity?
Sellers must give buyers a 10-day period (unless the parties agree otherwise) to conduct a lead-based paint inspection or risk assessment at the buyer's expense. Buyers can also waive it in writing.
Does the lead rule replace California's disclosures?
No. The lead-based paint rule is federal and applies on top of California's state disclosures like the TDS, SPQ, and NHD. A pre-1978 California sale typically includes both.
Who is responsible for lead disclosure compliance?
Sellers, landlords, property managers, and the real estate agents involved all share responsibility for compliance under the federal rule.
Should I test for lead if I'm buying a pre-1978 home?
Consider it, especially if young children or a pregnant person will live there. Use the 10-day opportunity and hire a certified lead inspector or risk assessor.
