Selling a house built before 1978: the lead paint rules
If your home was built before 1978, federal law adds a few steps to the sale. None of them require you to test or remove the paint.
No obligation. No pressure. Takes about 2 minutes.
The short answer
If your house was built before 1978, the federal lead disclosure rule says that before the buyer is bound by the contract you must give them the EPA-approved lead pamphlet, tell them about any lead-based paint or hazards you know of, hand over any lead reports you have, and attach a signed Lead Warning Statement to the contract. Buyers also get a 10-day chance to have the house tested, unless they agree in writing to a different period or waive it. The rule doesn't require you to test for or remove lead paint.
Step by step
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1
Confirm the rule applies
It covers sales of housing built before 1978. It doesn't cover housing for the elderly or people with disabilities, or zero-bedroom units, unless a child under 6 lives or is expected to live there, and it doesn't apply to sales at foreclosure.
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2
Gather what you know
Pull together any lead inspection or risk assessment reports and any records about lead in the home, including common areas if it's in a multi-unit building. If you have none, the form lets you say so.
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3
Complete the disclosure attachment
The contract needs an attachment with the Lead Warning Statement, your statement of any known lead-based paint or hazards, a list of the reports you provided, the buyer's acknowledgment that they received the information and the pamphlet, and everyone's signatures and dates. The EPA offers a sample form. Keep a copy for at least 3 years after the sale.
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4
Give the buyer time to test
Before the buyer is obligated, you must allow a 10-day period for a lead inspection or risk assessment, unless you both agree in writing to a different period or the buyer waives it in writing.
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5
If it was a Maryland rental
Maryland requires owners of rental homes built before 1978 to register them with the state, renew each year and provide lead inspection certificates at each tenant turnover unless the home is certified lead-free. A change in ownership needs a new registration.
Sources: 40 CFR Part 745, Subpart F (lead disclosure on sale or lease) · EPA: Real Estate Disclosures about Potential Lead Hazards · HUD Handbook 4000.1, Section II.D.3 (lead-based paint) · Maryland Department of the Environment: Lead Registration for Landlords
This page summarizes the federal lead disclosure rule and related standards as read on September 29, 2026. It isn't legal advice. Talk to a real estate attorney about your own sale.
Cash offer vs listing
Example: a $250,000 home
| Offer | $205,000 |
|---|---|
| Repairs | $0 |
| Commissions | $0 |
| Closing costs | $0 |
| You walk away with | $205,000 |
| In 7 to 14 days | |
| Sale price | $250,000 |
|---|---|
| Repairs | about $8,000 |
| Commissions | about $13,800 |
| Closing and holding | about $6,000 |
| You walk away with | about $222,200 |
| In 60 to 90 days | |
Example only. Your numbers depend on your home and market.
Whether you fix peeling paint or sell as it is, we'll show the cash offer next to what listing could net, side by side.
Frequently asked questions
Do I have to remove lead paint before I sell?
The federal disclosure rule doesn't require you to test or remove anything. Financed buyers are a different story: FHA appraisers must note defective paint in pre-1978 homes and require it to be repaired.
Does the lead rule apply to a cash sale?
Yes. It applies to sales of pre-1978 housing however the buyer pays. The only sale the rule exempts is a sale at foreclosure.
How long should I keep the signed lead form?
Sellers must keep a copy of the completed disclosure attachment for at least 3 years from the date the sale is completed.
Who are you?
We are real estate investors based in Baltimore, helping homeowners since 2016. We buy houses directly for cash. We are not a licensed real estate brokerage and do not list homes ourselves; if listing could get you more, we show you the math so you can choose.