Selling a pre-1978 home in Illinois: lead paint disclosure checklist

1. Federal steps (every pre-1978 sale that isn’t exempt)

• Before the buyer is bound by the contract, give the EPA-approved pamphlet Protect Your Family From Lead in Your Home, disclose any known lead-based paint or hazards, and hand over the lead records and reports you have (745.107(a)). EPA revised the pamphlet in 2026; see what changed.
• 10-day testing window. Give the buyer 10 days to get a lead inspection or risk assessment, unless you both agree in writing on a different period, or the buyer waives it in writing (745.110).
• Signed attachment. The contract needs an attachment with the federal Lead Warning Statement, your disclosure statement, a list of records given, the buyer’s receipt of the pamphlet and info, the buyer’s choice on the 10-day window, an agent statement if agents are involved, and dated signatures (745.113(a)).
• Keep it 3 years. The seller and any agent must keep a copy of the completed attachment for at least 3 years from the completion date of the sale (745.113(c)).
• Exemption to know: sales of target housing at foreclosure are not covered by this federal subpart (745.101(a)).

2. Illinois disclosure report: item 17

The Illinois Residential Real Property Disclosure Report asks the seller to mark yes, no or not applicable to: “I am aware of unsafe concentrations of or unsafe conditions relating to lead paint, lead water pipes, lead plumbing pipes or lead in the soil on the premises.” If you answer yes or not applicable, you must explain in the additional information area (765 ILCS 77/35).

The form says it must be given to the prospective buyer before the signing of the contract, and that the seller has a continuing duty to supplement it before closing (765 ILCS 77/35). “Aware” on this form means actual notice or actual knowledge without any specific investigation.

3. Extra Illinois steps if the unit got a lead mitigation notice

• Before a new sales contract, an owner who received a mitigation notice under the Illinois Lead Poisoning Prevention Act must give prospective purchasers written notice that a lead hazard was identified, by giving them a copy of the mitigation notice and inspection report, unless the owner has a certificate of compliance for the unit (410 ILCS 45/9.1(1)).
• Tell the state about the sale. The owner must give the Illinois Department of Public Health written notice of the sale, including the sale date and the buyer’s name, address, phone number and email (410 ILCS 45/9.1(2)).
• Buying it to rent out? A buyer who received that notice must mitigate the hazard and get a certificate of compliance before entering a new lease for that unit (410 ILCS 45/9.1). See our mitigation notice guide for the deadlines.
• IDPH brochure. Before a sales contract, owners of regulated facilities with dwelling units built before 1978 must give prospective purchasers a copy of an informational brochure prepared by IDPH, consistent with the federal rules in 40 CFR Part 745, Subpart F (410 ILCS 45/9.1).

Seller checklist (our suggestion)

1. Confirm the year built (before 1978 means the federal rule applies unless an exemption fits).
2. Gather every lead inspection, risk assessment, mitigation notice and certificate of compliance you have.
3. Answer item 17 on the Illinois disclosure report honestly and explain any yes or N/A.
4. Attach the federal lead disclosure form to the contract and give the 2026 EPA pamphlet (or older copy plus EPA’s supplement).
5. Offer the 10-day testing window or get the buyer’s written waiver.
6. If there was a mitigation notice and no certificate of compliance, give the buyer copies and notify IDPH of the sale.
7. Keep the signed lead attachment for at least 3 years.

Our checklist suggestion for staying organized, not an official form.

Using an agent?

Federal rules make each agent responsible for telling the seller about these duties and making sure they’re done (745.115). Agents can use our free agent lead disclosure checklist.

Our free agent checklist covers the federal disclosure steps for every pre-1978 sale or lease, with state add-ons including Illinois.

Free agent checklist Illinois lead rules

Do I have to disclose lead paint when selling a house in Illinois?

If the home was built before 1978, the federal rule requires a lead disclosure attachment, the EPA pamphlet, any lead reports you have and a 10-day testing opportunity before the buyer is bound. Illinois also asks about lead paint, lead pipes and lead in soil in item 17 of the Residential Real Property Disclosure Report.

How long does a buyer get to test for lead in Illinois?

The federal rule gives the buyer 10 days to get a lead inspection or risk assessment before being obligated under the contract, unless both sides agree in writing on a different period or the buyer waives it in writing (40 CFR 745.110).

What if my Illinois home got a lead mitigation notice?

Unless you have a certificate of compliance, you must give prospective buyers a copy of the mitigation notice and inspection report before a new sales contract, and give IDPH written notice of the sale with the buyer’s contact details (410 ILCS 45/9.1).

How long must I keep the lead disclosure form after a sale?

The seller and any agent must keep a copy of the completed federal lead disclosure attachment for at least 3 years from the completion date of the sale (40 CFR 745.113(c)).

Does the federal lead disclosure rule apply to foreclosure sales?

No. Sales of target housing at foreclosure are excluded from the federal lead disclosure subpart (40 CFR 745.101(a)).