What must a seller do if their property was built before 1978 and they are unsure if it contains lead-based paint?

In the case of properties built before 1978, the federal government mandates specific requirements regarding lead-based paint due to the associated health risks, especially for children and pregnant women. When a seller is unsure if their property contains lead-based paint, they are required to complete a lead-based paint disclosure form as part of the sale process.

Providing the lead-based paint disclosure ensures that potential buyers are informed about the possibility of lead paint exposure, allowing them to make informed decisions about the property. In addition, the seller must distribute an EPA-approved pamphlet that educates buyers about lead hazards, the effects of lead exposure, and the importance of testing for lead-based paint. This requirement emphasizes the need for transparency and protection for the health of future occupants.

While testing for lead-based paint or assuming the presence of lead paint might seem like reasonable steps, they do not fulfill the legal obligations established under federal law. Consequently, the correct approach is to complete the disclosure and provide the pamphlet, ensuring compliance with these important regulations.