Updated June 2026 | Waymark Real Estate | TREC License 639078

If your Texas home was built before 1978, federal law requires you to provide a lead-based paint disclosure to every prospective buyer before they sign a purchase contract. This is not a state requirement. It is a federal mandate under the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X, Section 1018). It applies whether you are selling with a traditional agent, a flat fee service, or entirely on your own.

The penalty for non-compliance is severe: up to $18,364 per violation in federal civil fines, plus potential criminal penalties for knowing violations and civil liability to the buyer for up to three times their actual damages. These are not theoretical risks. The EPA conducts periodic compliance reviews and can levy fines on sellers who failed to provide the disclosure even after the transaction has closed.

This guide covers exactly when the disclosure is required, what the form contains, how to deliver it, who is exempt, and how Waymark handles it through the listing process.

  1. When the Disclosure Is Required
  2. What Form to Use in Texas
  3. What the Disclosure Contains
  4. When to Deliver It
  5. The Buyer's 10-Day Lead Inspection Right
  6. What If You Do Not Know Whether Lead Paint Is Present
  7. Who Is Exempt
  8. What Happens If You Do Not Comply
  9. Record-Keeping Requirements
  10. How Waymark Handles Lead-Based Paint Disclosures
  11. Frequently Asked Questions

When the Disclosure Is Required

The rule is straightforward: if the home was built before 1978, the disclosure is required. No exceptions based on condition, renovation history, or personal belief that the paint has been removed or covered. If the year of construction is before 1978, the federal disclosure obligation applies.

The reason for the 1978 cutoff is that the Consumer Product Safety Commission banned lead-based paint for residential use in 1978. Homes built before that year may contain lead-based paint on interior walls, trim, windows, doors, and exterior surfaces. Lead paint that is intact and well-maintained may not pose an immediate hazard, but deteriorating or disturbed lead paint creates lead dust that is dangerous to occupants, particularly young children.

To determine your home's construction date, check your property tax records at your county appraisal district website, your original closing documents from when you purchased the home, or the property deed on file with the county clerk.

If your home was built in 1978 or later, the disclosure is not required and you can skip it entirely.

What Form to Use in Texas

Texas uses a specific TREC form for lead-based paint disclosure: the Addendum for Seller's Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law.

This addendum attaches to the TREC One to Four Family Residential Contract and becomes part of the executed contract. The Texas Association of Realtors also publishes a version of this form (TXR 1906), but the TREC version is publicly available and satisfies all federal requirements for sellers using a licensed flat fee brokerage or selling independently.

In addition to the addendum, you must provide the buyer with a copy of the EPA pamphlet "Protect Your Family From Lead in Your Home." This pamphlet is available for free from the EPA website in multiple languages. You cannot substitute your own informational materials. The specific EPA-approved pamphlet is required.

What the Disclosure Contains

The lead-based paint disclosure addendum requires you to provide three categories of information:

1. Disclosure of known lead-based paint or hazards

You must state whether you have any knowledge of lead-based paint or lead-based paint hazards in the home. This is a yes-or-no declaration. If you know lead paint is present, you must state where it is located and what condition it is in. If you do not know, you state that you have no knowledge. You are not required to test for lead paint. You are required to disclose what you know.

2. Available records and reports

If you have any existing reports, records, or test results related to lead-based paint in the home, you must provide copies to the buyer. This includes any inspection reports from when you purchased the home, any lead testing you commissioned, or any abatement records if lead paint was removed or encapsulated. If no records exist, you state that no records are available.

3. The federally mandated lead warning statement

The contract must include a specific lead warning statement prescribed by federal regulation. This statement cannot be modified. It reads in part: "Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning."

Both the seller and the buyer must sign the disclosure addendum. If a real estate agent is involved on either side, they must also sign a declaration confirming they have informed their client of the disclosure requirements and ensured compliance.

When to Deliver It

The disclosure must be provided to the buyer before they become obligated under the contract to purchase the home. In practice, this means the lead-based paint addendum must be attached to the TREC contract at the time of execution or provided before the buyer signs the contract.

Do not wait until the inspection period or the closing table to deliver this document. Late delivery gives the buyer the right to terminate the contract and creates the federal compliance exposure described below. Best practice is to have the disclosure ready before you list the home so it can be included with every offer packet from the start.

The Buyer's 10-Day Lead Inspection Right

Under federal law, buyers of pre-1978 homes have the right to conduct a lead-based paint inspection or risk assessment at their own expense before becoming obligated under the contract. The default inspection period is 10 days from the date the buyer receives the disclosure, though this period can be shortened or waived by mutual written agreement.

This lead inspection right is separate from the standard option period in the TREC contract. The option period covers general inspections. The lead inspection right is specifically for lead paint evaluation. In most Texas transactions, buyers either include lead testing as part of their general inspection during the option period or waive their right to a separate lead inspection in the addendum.

If the buyer conducts a lead inspection and finds lead paint, they may negotiate removal, encapsulation, or a credit as part of the repair amendment process. You are not required to remediate lead paint simply because it exists. The obligation is to disclose what you know, not to fix what is found.

What If You Do Not Know Whether Lead Paint Is Present

You are still required to provide the disclosure. The form includes a specific checkbox for sellers who have no knowledge of lead-based paint in the home. Checking that box satisfies your disclosure obligation. You are not required to hire an inspector or test for lead paint before selling.

However, there is an important distinction between "I do not know" and "I know but am not disclosing." If you have previously received information suggesting lead paint is present, such as a prior inspection report, a disclosure from the previous owner when you purchased the home, or visible chipping and peeling paint that you suspect contains lead, failing to disclose that information creates federal and civil liability.

The safe approach: disclose everything you know, check the appropriate boxes, provide any records you have, and let the buyer make their own informed decision. The disclosure protects you precisely because it transfers the knowledge to the buyer before the transaction closes.

Who Is Exempt

Certain types of transactions are exempt from the federal lead-based paint disclosure requirement:

  • Homes built in 1978 or later. The disclosure only applies to pre-1978 construction.
  • Zero-bedroom dwellings. Studio apartments and similar units without a separate bedroom are exempt.
  • Housing designated exclusively for elderly or disabled persons unless a child under age six is expected to reside there.
  • Foreclosure sales. Properties sold through foreclosure proceedings are exempt from the disclosure requirement.
  • Short-term leases of 100 days or fewer. This applies to rental situations, not sales.
  • Housing that has been found to be lead-free by a certified inspector. If a certified lead inspector has determined that the home is free of lead-based paint, the disclosure is not required. However, the inspection report itself should be retained as documentation.

If you believe an exemption applies to your transaction, confirm it with your broker or a real estate attorney before omitting the disclosure. The penalties for incorrectly assuming you are exempt are the same as for knowingly failing to disclose.

What Happens If You Do Not Comply

The penalties for failing to provide a lead-based paint disclosure are among the most severe in residential real estate. This is a federal enforcement matter, not a state one.

Civil fines: The EPA can assess fines of up to $18,364 per violation. Each failure to disclose to each buyer is a separate violation. If you sell to three buyers over time without providing the disclosure, that is three separate violations. 40 CFR Part 745 Subpart F governs enforcement, and the fine amounts are adjusted periodically for inflation.

Criminal penalties: Knowing violations can result in criminal prosecution. While criminal enforcement is rare in individual residential transactions, it is legally available and has been used in cases involving landlords and property managers who systematically fail to disclose.

Civil liability to the buyer: A buyer who discovers undisclosed lead paint after closing may pursue civil claims against you for damages. Under federal law, treble damages (three times actual damages) are available for knowing violations. Actual damages can include lead testing costs, remediation costs, medical expenses, and diminished property value.

EPA compliance reviews: The EPA conducts periodic, unannounced compliance searches and can assess fines after a transaction has closed if non-compliance is discovered. Compliance is not just about the current transaction. It is about the documented record that survives the closing.

Record-Keeping Requirements

Federal law requires you to retain a copy of the signed lead-based paint disclosure for a minimum of three years after the closing date. This includes the signed addendum, the acknowledgment that the buyer received the EPA pamphlet, and copies of any lead paint records or reports you provided.

Store these records digitally and in hard copy. If the EPA conducts a compliance review after your sale, the signed disclosure is your proof of compliance. Without it, the burden shifts to you to demonstrate that you met the disclosure requirements.

If you are selling through Waymark, all transaction documents including the lead-based paint disclosure are archived in your Waymark account and available for download at any time.

How Waymark Handles Lead-Based Paint Disclosures

The lead-based paint disclosure is one of more than a dozen documents Texas sellers must handle correctly from listing through closing. Missing it or delivering it late creates federal liability that survives the transaction.

Aria identifies whether your home's construction date triggers the federal lead-based paint disclosure requirement as part of the listing setup process. If it does, Aria walks you through the disclosure form, explains what each section requires, and ensures the document is ready before you receive your first offer.

This is part of how Fixed-Rate Selling works. The platform handles the document management, the deadline tracking, and the compliance guidance. A licensed Texas broker is available on the Manage plan for the moments where professional judgment affects your equity. One fixed price. No percentage extraction.

For the complete list of every document required in a Texas home sale, see What Documents Do You Need to Sell Your Home in Texas.

Frequently Asked Questions

When is a lead-based paint disclosure required in Texas?

A lead-based paint disclosure is required for the sale of any residential property in Texas that was built before 1978. This is a federal requirement under the Residential Lead-Based Paint Hazard Reduction Act of 1992, not a state requirement. It applies to all residential sales regardless of whether you are using an agent or selling independently.

What happens if I do not provide the disclosure?

The EPA can assess civil fines of up to $18,364 per violation. Buyers may pursue civil claims for up to three times their actual damages. Criminal penalties are available for knowing violations. The EPA conducts periodic compliance reviews and can assess fines after the transaction has closed. Providing the disclosure correctly before the contract is signed eliminates all of these risks.

Do I have to test for lead paint before selling my home?

No. Federal law does not require you to test for lead-based paint. You are required to disclose what you know. If you have no knowledge of lead paint in the home, you check the "no knowledge" box on the disclosure form. If you do have knowledge, records, or reports, you must provide them to the buyer.

Do I have to remove lead paint before selling?

No. There is no federal or Texas requirement to remove or remediate lead-based paint before selling your home. You must disclose its presence if known. The buyer can then make an informed decision about whether to proceed, negotiate remediation, or request a credit. Remediation may become part of the repair amendment negotiation but it is not a precondition of the sale.

My home was built before 1978 but has been completely renovated. Do I still need to disclose?

Yes, unless a certified lead inspector has determined that the home is free of lead-based paint and you have the inspection report documenting that finding. Renovation alone does not eliminate the disclosure requirement because lead paint may exist under layers of newer paint or in areas not affected by the renovation.

What if my home was built in 1978 or later?

The disclosure is not required. The federal requirement applies only to homes built before 1978, which is the year the Consumer Product Safety Commission banned lead-based paint for residential use.

Where do I get the disclosure form?

The TREC lead-based paint addendum is available free at trec.texas.gov/forms. The EPA pamphlet "Protect Your Family From Lead in Your Home" is available free at epa.gov in multiple languages. Both documents are required.

How long do I have to keep the disclosure records?

Federal law requires you to retain signed copies of the lead-based paint disclosure for a minimum of three years after closing. This includes the signed addendum, the buyer's acknowledgment of receiving the EPA pamphlet, and copies of any records or reports you provided. Through Waymark, all transaction documents are archived in your account indefinitely.

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Sources

  1. U.S. Environmental Protection Agency, Real Estate Disclosures About Potential Lead Hazards
  2. U.S. Environmental Protection Agency, Protect Your Family From Lead in Your Home (EPA Pamphlet), February 2026 edition
  3. Electronic Code of Federal Regulations, 40 CFR Part 745 Subpart F: Disclosure of Known Lead-Based Paint Hazards Upon Sale or Lease
  4. Electronic Code of Federal Regulations, 24 CFR Part 35 Subpart A: HUD Lead-Based Paint Disclosure Requirements
  5. Texas Real Estate Commission, Addendum for Seller's Disclosure of Information on Lead-Based Paint
  6. National Association of Realtors, Lead-Based Paint: Compliance Resources and Legal FAQ, April 2026
  7. Texas REALTORS, Lead-Based Paint Legal FAQ
  8. iPropertyManagement, Lead-Based Paint Disclosure Form: 2026 Official Guide