Short answer
Yes. Federal law requires sellers of most homes built before 1978 to disclose known lead-based paint and hazards, give the buyer the EPA lead pamphlet, include a lead warning statement in the contract, and allow a 10-day inspection window unless waived. Keep the signed disclosures for three years. Foreclosure sales are exempt.
Which homes are covered
The EPA says the disclosure rule applies to most pre-1978 private housing, public housing, federally owned housing and housing receiving federal assistance. It exempts zero-bedroom units unless a child under six lives there, leases of 100 days or less, certain housing for the elderly or disabled, homes certified lead-free by an inspector, foreclosure sales and housing built after 1977.
Most ordinary houses built before 1978 and sold by their owners are covered, in every state.
If you are not sure of the year the house was built, check the county assessment record or your deed history. The year decides whether the rule applies.
What you must do as a seller
Sellers must disclose known information about lead-based paint and lead-based paint hazards, including where it is and the condition of painted surfaces, and hand over available records and reports. You must give the buyer the EPA pamphlet Protect Your Family From Lead in Your Home. The sales contract must include a lead warning statement and confirm that disclosure took place.
The EPA provides sample forms in English and Spanish. You do not have to test the house.
The 10-day inspection window
The EPA states that buyers get a 10-day period to conduct a paint inspection or risk assessment. The parties can agree in writing to change that period, and the buyer can waive the opportunity. If you sign a contract with a short or waived window, get that in writing.
The rule does not require you to fix lead paint. It requires you to tell the buyer what you know and let them check.
If a buyer waives the inspection, note that in the contract, and keep your own copy. A waiver is a choice the buyer makes, and the paperwork should show it.
Records and penalties
Parties must keep a signed copy of the disclosures for three years after the sale is complete. The EPA enforces the rule, and violators may face penalties. This answer does not state penalty amounts, because the page we reviewed did not list them.
Pennsylvania's Seller Disclosure Law adds its own disclosure form, which includes a subject for hazardous substances. In Philadelphia, rental properties built before 1978 also face lead certification rules for leases and licenses.
Sellers who also own the house as a rental should remember that Philadelphia's rental lead law is a separate requirement from this sale rule. Meeting one does not satisfy the other.
Selling as-is
Selling as-is does not change the lead disclosure. Kaizen Home Buyers buys as-is, makes a cash offer within 24 hours and charges no agent commission, and you would still complete the required disclosures for a pre-1978 home. Call 267-329-0084. If you are unsure which forms apply, ask the title company or a real estate attorney.