Lead paint disclosure in California comes up in almost every sale of an older home. If your house was built before 1978, federal law generally requires you to give buyers specific lead-based paint information before they’re bound by a contract. That’s true whether you list with an agent, sell on your own, or sell as-is to a cash buyer.

We’ve been buying houses in California since 2003, and a lot of the homes we buy are older Bay Area houses built well before 1978. We’re not attorneys or lead inspectors, so check with a real estate attorney or your agent on your specific sale. Here’s a plain-English overview.

Why 1978 Matters

The federal government banned lead-based paint for residential use in 1978. Homes built before then may have lead paint somewhere, often under newer layers. Lead dust and chips can be a health hazard, especially for young children and pregnant people, which is why the rules exist.

The main federal rule is commonly called the Section 1018 lead disclosure rule (from the Residential Lead-Based Paint Hazard Reduction Act of 1992), enforced by the EPA and HUD. It applies to most sales and leases of housing built before 1978.

Lead Paint Disclosure California Sellers Generally Must Provide

For most pre-1978 home sales, sellers generally must:

1. Disclose any known lead-based paint or lead hazards in the home.
2. Provide any available records or reports about lead in the home, like a past inspection.
3. Give the buyer the EPA pamphlet “Protect Your Family From Lead in Your Home.”
4. Include the Lead Warning Statement and signed disclosure form with the contract.
5. Give the buyer a 10-day opportunity to have the home inspected or risk-assessed for lead, unless the buyer waives it in writing or both sides agree to a different period.

Sellers and agents are generally expected to keep a signed copy of the disclosure for three years after the sale.

What the rule does not require: it generally doesn’t require you to test for lead or to remove it. It’s about disclosing what you know and giving the buyer a chance to check.

How It Fits With Other California Disclosures

The lead disclosure is one piece of a bigger disclosure package in California. Sellers of most homes also deal with the Transfer Disclosure Statement, the Natural Hazard Disclosure, and other local forms. Our natural hazard disclosure guide explains those.

If you’re selling on your own, you’re responsible for getting the forms right. Our guide to selling a house without a realtor in California covers the paperwork you’ll typically need.

Are There Exceptions?

Some sales are exempt from the federal lead disclosure rule. Common examples include:

• Homes built in 1978 or later
• Foreclosure sales
• Zero-bedroom units like studios, lofts, and dorms
• Housing for the elderly or people with disabilities, unless a child under 6 lives there or is expected to
• Homes a certified inspector has found free of lead-based paint

Exemptions can be technical, so don’t assume one applies without checking.

What About Renovating Before You Sell?

If you’re thinking about fixing up a pre-1978 home before selling, be careful about disturbing old paint. Federal rules generally require contractors who are paid to disturb paint in pre-1978 homes to be certified in lead-safe work practices, and California has its own lead-safe work and certification requirements. Sanding or scraping old paint without precautions can create a real hazard.

That’s one reason some owners of older homes decide to sell as-is instead of taking on a renovation. Our cash offer vs. listing page walks through how the numbers typically compare.

Selling an Older Home As-Is

Selling as-is doesn’t remove the disclosure requirement. You’d still generally provide the lead disclosure form, any reports you have, and the pamphlet. What changes is who handles any lead-related work after the sale.

When we buy an older home, the lead disclosure is part of the paperwork like any other sale, handled with a licensed title and escrow company. Our offer is based on comparable sales, our estimate of the work the house needs, and our holding and resale costs, and we’ll explain the numbers if you ask. You don’t pay commissions, we cover typical closing costs, and you don’t have to repaint or fix anything first.

A Note for Landlords

The same federal rule generally applies to leases of pre-1978 housing, so landlords usually provide a lead disclosure to tenants. If you’re selling a rental, keep copies of past tenant disclosures with your records. Buying with tenants in place is something we handle case by case; see our guide on selling a tenant-occupied property.

When a Cash Sale Isn’t the Best Option

An older home with original paint isn’t automatically a problem house. If the paint is in good condition, the house is otherwise well kept, and buyers are active in your area, listing with an agent will often get you a higher price. A cash sale tends to fit better when the house also needs major work, it’s vacant or inherited, or you’d rather not manage a renovation in an older home.

Frequently Asked Questions

Get an Honest Offer

If you’re selling an older home and don’t want to take on repairs or repainting, we’re happy to give you a no-obligation cash offer to compare with your other options. No pressure. Call Lawrence at (510) 824-8710 or fill out the form below.