--- name: lead-paint-disclosure title: Lead-Based Paint Disclosure description: Drafts execution-ready lead-based paint disclosure documents compliant with 42 U.S.C. § 4852d and 24 CFR Part 35 for sales or leases of pre-1978 residential properties. Covers seller/landlord hazard disclosures, buyer/tenant acknowledgments, inspection waivers, agent certifications, and attachment schedules. Use when drafting lead paint disclosures, pre-1978 property transactions, residential lease hazard disclosures, or EPA Section 1018 compliance documents. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/lead-paint-disclosure license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: real-estate language: en tags: [agreement, drafting, transactional] --- # Lead-Based Paint Disclosure Drafts a federally compliant lead-based paint disclosure for sale or lease of pre-1978 residential property, ready for execution by all parties. ## Quick Start Gather before drafting: 1. **Property** — address, legal description, confirmed pre-1978 construction 2. **Transaction type** — sale or lease 3. **Parties** — names/addresses of all sellers/landlords, buyers/tenants, agents/brokers (with license numbers) 4. **Lead paint records** — inspection reports, risk assessments, abatement certificates, clearance reports, health department correspondence (or confirmation none exist) 5. **Prior remediation docs**, if any If user-provided documents have gaps, request missing information before drafting. ## Governing Law | Authority | Citation | |---|---| | Federal statute | 42 U.S.C. § 4852d | | Implementing regulation | 24 CFR Part 35, Subpart A & H | | EPA disclosure rule | 40 CFR Part 745, Subpart F (Section 1018) | | Enabling act | Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) | **Penalties**: Civil up to $16,000/violation [VERIFY current adjusted amount]; private suit treble damages + attorney's fees; criminal for knowing/willful violations. ## Document Structure Draft these sections in order: ### 1. Header & Party Identification - Title: **"Lead-Based Paint Disclosure"** - Property address + legal description; disclosure date - Full legal names and mailing addresses of all parties - Transaction type checkbox: Sale / Lease - Agent/broker names, brokerage, license numbers (if applicable) ### 2. Seller/Landlord Disclosure Statement Disclosing party selects **one**: | Option | Detail Required | |---|---| | **A — Known hazards** | Locations, condition/extent, date acquired; distinguish lead-based paint from lead-based paint *hazards* (deteriorating paint, friction/impact surfaces, contaminated dust/soil) | | **B — No known hazards** | Affirmative statement after reasonable inquiry | | **C — Remediated** | Remediation description, professional credentials, attach documentation as exhibits | ### 3. Records & Reports Attachment Schedule List all attached documents by exhibit number: inspection reports, risk assessments, lead-safe/lead-free certificates, abatement/interim control docs, clearance reports, health department correspondence. If no records exist — include affirmative "no records available" statement. **Never leave blank.** ### 4. Pamphlet & Inspection Opportunity - Confirm delivery of EPA pamphlet *"Protect Your Family from Lead in Your Home"* (or EPA-approved state equivalent) - **Sales only** — memorialize 10-day inspection right: - Buyer **waives** inspection (initial line), OR - Buyer **exercises** inspection — agreed period: ___ days - Include inspection contingency, cancellation right, deadline provisions ### 5. Buyer/Tenant Acknowledgments Individual initialed/signed acknowledgments: - Receipt of seller/landlord disclosure statement - Receipt of EPA lead hazard pamphlet - Receipt of all attached records and reports - *(Sales only)* Inspection opportunity — waived or exercised Each item gets its own initial/signature line. Use plain English. ### 6. Certifications & Signature Blocks Three categories, each with printed name + signature + date: | Party | Certifies | |---|---| | **Seller/Landlord** | Information true, accurate, complete; all known hazards disclosed; all available records provided | | **Buyer/Tenant** | Receipt of all required disclosures, pamphlet, records; understanding of federal rights | | **Agent/Broker** | Informed seller/landlord of obligations; ensured compliance; provided pamphlet to buyer/tenant | Provide sufficient blocks for multiple co-parties. ## Formatting - Readable font, minimum 10pt; bold section headings - Footer every page: property address + "Page X of Y" - Target 2–4 pages ## Pitfalls & Checks - Disclosure **must** be delivered before buyer/tenant becomes obligated under any contract - Signed copies retained **minimum 3 years** from sale/lease commencement - Lease disclosures **renew** with each renewal or new tenant - *Lead-based paint* vs. *lead-based paint hazards* are legally distinct — never conflate - Check state-specific supplemental requirements (pamphlet substitutes, additional disclosures) - Never leave records section blank — use affirmative "none available" language