What Is the Lead-Based Paint Disclosure When I Buy an Older Home?

Lead-based paint was banned for home use in 1978, so older homes may still have it under newer layers. The federal Lead-Based Paint Disclosure Rule applies to most private housing built before 1978.

I'm Jeanette Nelson, a REALTOR® with Jeanette Nelson Real Estate, Keller Williams Realty, serving Orange County, Huntington Beach, Costa Mesa, Fountain Valley, and surrounding areas. If the home you love was built before 1978, this form will be part of your purchase. Here's what it means for you as a buyer.

This is general information, not legal or health advice.

Under the rule, as explained by the U.S. Environmental Protection Agency (EPA), sellers of most pre-1978 homes must:

• Disclose what they know. Any known lead-based paint or lead-based paint hazards in the home.
• Share records. Any available reports or records about lead in the home.
• Give you the pamphlet. The EPA pamphlet "Protect Your Family From Lead in Your Home." The current edition is dated January 2026.
• Include a Lead Warning Statement. It goes in the contract or as an attachment, and you sign to acknowledge it.

The EPA notes that sellers are not required to test for lead or remove lead paint. The rule is about disclosure, so you know what you're buying.

The rule gives buyers 10 days to have a lead-based paint inspection or risk assessment done. The EPA says that period can be lengthened, shortened or waived by mutual written agreement between buyer and seller.

In Orange County's market, buyers sometimes shorten contingency periods to make an offer stronger. Before you waive this one, think about how you'll use the home, especially if young children will live there or visit. The EPA pamphlet says lead can be especially harmful to young children and pregnant women.

Your regular home inspection usually isn't a lead test. A lead inspection or risk assessment is a separate service done by a certified professional.

The California Department of Public Health (CDPH) explains that paint on buildings constructed before 1978 is legally presumed to be lead-based unless a state-certified inspector or assessor has testing that shows otherwise.

CDPH also notes that paint in good condition may not be a hazard, even if it contains lead, as long as you're not planning to remodel. Peeling or chipping paint, and work that disturbs it, are the bigger concerns.

That's why a test can be useful if you plan to update the home. It helps you plan and budget before you start.

Plan for lead before work begins. The EPA's Renovation, Repair and Painting Program requires firms paid to do work that disturbs paint in pre-1978 homes to be certified and follow lead-safe work practices.

CDPH warns against dry scraping or sanding old paint, because it creates lead dust. Ask any contractor about their certification before you sign. For more on older homes, see What Should I Check Before Buying an Older Home in Huntington Beach? and Should I Earthquake Retrofit an Older Home I Buy?

No. The EPA's rule applies to most pre-1978 home sales whether or not the seller makes repairs. A home sold as-is still needs the lead disclosure, the pamphlet and the warning statement. The EPA lists a few exceptions, such as homes a certified inspector has found free of lead-based paint.

If you're looking at older homes and want to understand the disclosures before you write an offer, I'd love to help. Call or text me at 714.366.8575 | DRE: 01397168, or contact me. Jeanette Nelson is a REALTOR® with Jeanette Nelson Real Estate, Keller Williams Realty, serving Orange County, Huntington Beach, Costa Mesa, Fountain Valley, and surrounding areas.