Lead-Based Paint Disclosure for Pre-1978 Homes: Federal Rules NJ Agents Follow
The short answer: If a home was built before 1978, federal law requires the seller or landlord to give the buyer or tenant an EPA lead pamphlet, disclose any known lead-based paint or hazards, hand over any available lead reports, and attach a Lead Warning Statement to the contract or lease, all before the buyer or tenant is bound. Buyers also get a 10-day opportunity to test for lead, which can be changed or waived in writing (40 CFR 745.107 and 745.110). The listing agent has duties of their own.
New Jersey has plenty of older housing, so this form shows up in a lot of listings. Here's how the rule works from the agent's side. New Jersey's own seller disclosure form is covered in our NJ seller disclosure guide. This page is general information, not legal advice.
Which homes does the lead rule cover?
The rule covers "target housing," which means housing built before 1978. It doesn't cover housing for the elderly or for people with disabilities, or 0-bedroom units such as studios, unless a child under 6 lives there or is expected to (40 CFR 745.103). It reaches sales, leases and subleases. Sales of co-op shares count as sales.
A few transactions are exempt (40 CFR 745.101):
- sales at foreclosure
- leases of housing a certified inspector has found to be lead-based paint free
- short-term leases of 100 days or less, where no renewal or extension can occur
- lease renewals, if the landlord already made the full disclosure and has no new information
HUD's regulations carry a parallel version of the same rule at 24 CFR part 35, subpart A, with its own section numbers.
What does the seller have to do before the buyer signs?
Four things, completed before the buyer is obligated under the contract (40 CFR 745.107):
- Give the pamphlet. That's EPA's Protect Your Family From Lead in Your Home or an approved equivalent.
- Disclose what's known. The seller discloses any known lead-based paint or lead hazards, plus details like where they are and the condition of the painted surfaces.
- Hand over records. This means any available lead reports, including reports on common areas.
- Attach the disclosure. The signed Lead Warning Statement and disclosure go with the contract.
The rule doesn't make the seller test or fix anything. It's a disclosure rule. If the disclosure comes after the buyer has already made an offer, the seller has to complete it before accepting. The buyer then gets a chance to review it and possibly change the offer (745.107(b)).
How does the 10-day inspection window work?
Before a buyer is bound, the seller must allow a 10-day period for a lead risk assessment or inspection. The parties can agree in writing to a different period, and the buyer can waive it in writing (40 CFR 745.110). EPA's guidance says the period can be lengthened or shortened by written agreement. It points buyers to its locator for certified inspectors (EPA).
Renters don't get this window. A tenant can ask for an inspection, but the rule doesn't require the landlord to do one (EPA). For how the inspection period fits with other contract conditions, see our guide to mortgage, inspection and appraisal contingencies.
What goes in the sales disclosure form?
The attachment to a sales contract must include (40 CFR 745.113(a)):
| Element | Who completes it |
|---|---|
| Lead Warning Statement (exact federal wording) | Printed on the form |
| Known lead-based paint or hazards, or "no knowledge" | Seller |
| List of reports provided, or a statement that there are none | Seller |
| Receipt of the information and the pamphlet | Buyer |
| Inspection opportunity received, or waived | Buyer |
| Agent informed the seller and knows the duty to ensure compliance | Agent |
| Signatures and dates | Seller, agent and buyer |
It has to be in the same language as the contract. EPA publishes sample seller and landlord forms in English and Spanish (EPA). The lease version is similar, with its own shorter warning statement and no inspection line (745.113(b)).
What are the agent's own responsibilities?
Here's the part new agents tend to miss. Each agent must ensure compliance. In practice that means telling the seller or landlord about their obligations, then making sure the steps actually happen or handling them personally (40 CFR 745.115). An agent who informed the seller isn't liable for hazards the seller knew about but hid from the agent.
Who counts as an "agent"? It's anyone who contracts with the seller or landlord (or their representative) to sell or lease the home. A buyer's representative paid entirely by the buyer is not an agent under the rule (40 CFR 745.103). Since buyer-agent pay is now set in written buyer agreements (our guide), it's worth asking your broker how your firm handles the form in each pay setup.
Keep the paperwork. The seller and any agent must keep a copy of the completed sales attachment for at least 3 years after the sale is completed. On a lease, the landlord and any agent keep it for 3 years from the start of the lease (745.113(c)). That matters for leasing agents as much as for listing agents.
What happens if the rule is ignored?
Knowing violations can bring federal civil penalties, and failures can also be enforced under the Toxic Substances Control Act. A person who knowingly violates the rule is also liable to the buyer or tenant for three times their damages, plus court costs and attorney fees (40 CFR 745.118). EPA names sellers, landlords, real estate agents and property managers as people who may face penalties (EPA).
Does New Jersey add anything?
Yes, though the federal rule doesn't replace state or local requirements (745.119). Under P.L.2021, c.182, many pre-1978 NJ rentals need periodic lead inspections and a lead-safe certification. The Department of Community Affairs says owners must also give prospective buyers a copy of the state rules (N.J.A.C. 5:28A), any lead-safe certifications and DCA's rental guidance during the sale (DCA). If you list a rental property built before 1978, ask the owner for those papers early. The state form also asks about lead plumbing; see our seller disclosure guide. The exam angle is in our disclosures study guide.
Disclosure rules like this one are part of NJ pre-licensing. Business Elementary's 75-hour pre-licensing course covers them alongside the rest of the state's requirements.
Sources
- 40 CFR part 745, subpart F (lead disclosure rule, sections 745.100–745.119), eCFR: https://www.ecfr.gov/current/title-40/chapter-I/subchapter-R/part-745/subpart-F
- 24 CFR part 35, subpart A (HUD's parallel rule), eCFR: https://www.ecfr.gov/current/title-24/subtitle-A/part-35/subpart-A
- U.S. EPA, Real Estate Disclosures About Potential Lead Hazards (last updated May 27, 2026): https://www.epa.gov/lead/real-estate-disclosures-about-potential-lead-hazards
- NJ Department of Community Affairs, Lead-Based Paint Inspection Program for Rental Dwellings (P.L.2021, c.182): https://www.nj.gov/dca/codes/resources/leadpaint.shtml
Last reviewed: October 31, 2026
Frequently Asked Questions
Does the lead disclosure rule apply to homes built in 1978?
No. "Target housing" means housing built before 1978, so a home built in 1978 or later isn't covered (40 CFR 745.103; EPA).
Does a seller have to test for lead before listing?
No. The rule requires disclosure of what's known and of available reports. It doesn't require testing or repairs (40 CFR 745.107).
Do landlords have to give lead disclosures for a summer rental?
Not for a lease of 100 days or less where no renewal or extension can occur. Longer leases of pre-1978 housing need the disclosure ([40 CFR 745.101](https://www.ecfr.gov/current/title-40/chapter-I/subchapter-R/p
Can the lead disclosures be signed electronically?
EPA allows electronic delivery if the buyer or renter consents and is told about their right to paper copies, how to withdraw consent, and how to access and keep the records (EPA).
How long does an agent keep the lead disclosure form?
At least 3 years from the completed sale, or from the start of the lease for rentals ([40 CFR 745.113(c)](https://w