Lead paint disclosure for real estate agents: did we do every step?

Before the buyer is obligated under the contract

• ☐ Told the seller what they owe under §§ 745.107, 745.110 and 745.113 (pamphlet, disclosure, reports, 10-day opportunity, signed attachment), and made sure it got done — or did it yourself. This is the agent’s own duty (745.115(a)). Tip: doing it in writing gives you proof.
• ☐ Buyer received the EPA pamphlet Protect Your Family From Lead in Your Home (or an EPA-approved state equivalent) (745.107(a)(1); get it). EPA revised the pamphlet in 2026; if you still hand out an older copy, add EPA’s 2026 supplement too.
• ☐ Seller disclosed any known lead-based paint or hazards — or no knowledge — with any details (basis, location, condition of painted surfaces) (745.107(a)(2)).
• ☐ Seller disclosed known lead info and available reports to you, the agent (745.107(a)(3)).
• ☐ Buyer received copies of all available lead records/reports, including for common areas where applicable (745.107(a)(4)).
• ☐ Buyer had a 10-day period (or another period agreed in writing) for a lead inspection or risk assessment — or waived it in writing (745.110).

The signed attachment to the contract

• ☐ Lead Warning Statement, word for word, in the language of the contract (745.113(a)(1)).
• ☐ Seller’s disclosure statement (745.113(a)(2)) and list of records/reports provided, or a note that none are available (745.113(a)(3)).
• ☐ Buyer’s statement that they received the info and the pamphlet (745.113(a)(4)), and that they had (or waived) the inspection opportunity (745.113(a)(5)).
• ☐ Agent statement: you informed the seller of their obligations and you know your duty to ensure compliance (745.113(a)(6)).
• ☐ Signatures and dates of seller, agent(s) and buyer certifying accuracy (745.113(a)(7)).

After closing

• ☐ Seller and agent each keep a copy of the completed attachment for at least 3 years from the completion date of the sale (745.113(c)(1)).