Key Takeaways
- Federal law requires lead paint disclosure for homes built before 1978
- Buyers must receive 10 days to conduct lead inspections (can be waived)
- Sellers must provide the EPA pamphlet "Protect Your Family from Lead in Your Home"
- New York also requires radon disclosure in the PCDS
- Asbestos, underground storage tanks, and wetlands must also be disclosed if known
Last updated: January 2026
Lead Paint & Environmental Disclosures
Federal and state law require disclosure of environmental hazards.
Federal Lead Paint Disclosure
When Required
| Property Type | Required? |
|---|---|
| Built before 1978 | YES |
| 1978 or later | NO |
| 0-unit (vacant land) | NO |
Required Elements
| Element | Description |
|---|---|
| Lead disclosure form | Seller's knowledge |
| EPA pamphlet | "Protect Your Family from Lead in Your Home" |
| 10-day inspection period | Buyer can inspect (or waive) |
| Listing disclosure | Agent must ensure compliance |
Seller's Disclosure
Sellers must disclose:
| Must Disclose | Example |
|---|---|
| Known lead paint | "Paint tested positive in 1995" |
| Lead hazards | Known lead in water, soil |
| Reports/records | Any testing done |
Sellers do NOT have to:
| Not Required | Note |
|---|---|
| Test for lead | No testing mandate |
| Remove lead | No remediation required |
| Warrant absence | Not guaranteeing lead-free |
The 10-Day Inspection Period
| Aspect | Detail |
|---|---|
| Default period | 10 days |
| Can be extended | By agreement |
| Can be waived | In writing |
| Purpose | Professional inspection |
Other Environmental Disclosures (NY)
Radon
| Requirement | Details |
|---|---|
| PCDS question | Must answer if known |
| Testing | Not required |
| Disclosure | Known levels must be shared |
Asbestos
| Situation | Disclosure |
|---|---|
| Known asbestos | Must disclose |
| Suspected | Should disclose |
| Testing done | Share results |
Underground Storage Tanks
| Requirement | Details |
|---|---|
| Known tanks | Must disclose |
| Former tanks | Location, removal |
| Contamination | Any known issues |
Wetlands & Flood Zones
| Disclosure | Required |
|---|---|
| Wetlands on property | Yes |
| Flood zone status | Yes |
| Flooding history | Yes |
| FEMA maps | Reference |
Penalties for Non-Disclosure
| Violation | Penalty |
|---|---|
| Lead disclosure failure | $16,000+ per violation |
| Treble damages | 3x actual damages |
| Attorney fees | Prevailing party |
| License discipline | Suspension/revocation |
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Test Your Knowledge
For homes built before what year is lead paint disclosure required?
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Test Your Knowledge
How many days do buyers have to conduct a lead inspection under federal law?
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