Having no records does not remove the lead paint disclosure obligation when you sell a covered pre-1978 home. You must still disclose what you know, provide the required pamphlet and contract disclosures, and give the buyer an inspection opportunity unless the buyer waives it in writing. Missing paperwork does not establish that the home is lead-free. EPA disclosure requirements.

This checklist addresses federal requirements as of September 14, 2026. State and local obligations remain separate; consult a local real estate attorney about an uncertain exemption or contract provision. Our housing disclosure requirements coverage provides broader regulatory context.

1. Confirm whether the sale is covered

Start with the property's construction date and use. The federal rule generally covers housing built before 1978. Having no children in an ordinary single-family home does not, by itself, create an exemption.

Retirement communities or similar housing reserved for households composed of people aged 62 or older at initial occupancy, housing for people with disabilities, and zero-bedroom dwellings such as studios are excluded from the definition of covered housing unless a child under six lives or is expected to live there. EPA's November 2024 rule incorporated that child-occupancy qualification for zero-bedroom dwellings. Federal Register rule.

Foreclosure sales are exempt. Certain other exceptions concern leases, including qualifying short-term leases and housing certified as lead-based-paint-free. The lead-based-paint-free exemption applies to leases, not sales. A favorable inspection report does not remove a covered seller's disclosure duties. 40 CFR 745.101–745.103.

2. Separate what you know from the records you have

EPA's seller form treats knowledge and records as separate questions. Answer each independently:

The revised EPA seller disclosure form addresses knowledge in section (a) and records in section (b).

“Available” includes records you possess or can reasonably obtain at disclosure time. Before stating that none are available, review your purchase documents, inspection files and relevant correspondence. 40 CFR 745.103.

For a condo, ask the association about relevant records. Disclosures can include common-area reports and reports about other units from building-wide evaluations. EPA and HUD's interpretive guidance, questions 10 and 15, explains the association's and individual seller's responsibilities.

For a hypothetical example, suppose a contractor told you that testing identified lead paint on a window, but you cannot locate the report. Explain what you were told, who told you and that the document is missing. The missing report does not mean you lack knowledge. Describe the limits of your information without making a broader claim about the house.

3. Prepare the packet with applicable EPA materials

Use EPA's revised two-page Form No. 9600-040 as a reference. The EPA layout is optional, but your transaction documents must contain the required information. EPA's explanation of the revised forms.

Prepare these items together:

• The disclosure attachment: Include the prescribed Lead Warning Statement, your knowledge disclosure and the records list—or an indication that no records are available—in the contract's language.
• Available reports: Provide the complete documents. EPA and HUD specify complete document transfer for sales rather than a seller's summary. Interpretive guidance, question 13.
• The pamphlet: Use Protect Your Family From Lead in Your Home, January 2026, the edition applicable for this September 14, 2026 checklist. EPA allows older copies to remain in use but says to include its 2026 supplement with prior editions.

Check the buyer's acknowledgments against what was actually delivered. On the revised sample, section (c) distinguishes receiving reports from receiving none; section (d) acknowledges the pamphlet. An acknowledgment that no reports were received does not excuse withholding an available report.

Complete the applicable agent acknowledgments and obtain signatures and dates. The sample has separate seller-agent and purchaser-agent lines; its footnote limits the purchaser-agent requirement to an agent receiving compensation from the seller. EPA sample form.

4. Deliver disclosures before the buyer becomes obligated

The federal disclosure deadline is before the buyer becomes obligated under a purchase contract. Plan delivery around that deadline rather than closing day.

If the buyer submits an offer before disclosure is complete, the seller must provide the required disclosures before accepting that offer, giving the buyer an opportunity to review the information and possibly amend the offer. 40 CFR 745.107(b).

As part of reviewing an offer, confirm which documents were sent, when they were delivered and whether the acknowledgments match. Include this check alongside the other transaction tasks in our home-selling guides.

5. Document the buyer's lead inspection opportunity

The default opportunity is 10 days for a lead-based paint inspection or risk assessment. Seller and buyer may agree in writing to a shorter or longer period. The buyer may waive the opportunity in writing; that waiver does not waive the seller's disclosure duties. 40 CFR 745.110.

The opportunity can be implemented through a contract contingency. Specify its start and end, access arrangements, notice requirements and what happens to the contract and earnest money after the evaluation. EPA and HUD explain this approach in the original rule's discussion of inspection opportunities. Do not assume a general inspection clause resolves each lead-specific term.

The federal disclosure rule does not require the seller to conduct or finance a new inspection or risk assessment. The buyer is not required to use the opportunity either. EPA's January 2026 questions and answers, questions 23002-33217 and 23002-33223. If the buyer chooses testing, agree on the service, payment and timetable. Waiving the opportunity means proceeding without that additional evaluation.

6. Complete and retain the transaction file

Check that the file contains the completed disclosure attachment, delivered reports or an accurate no-records statement, pamphlet acknowledgment, and documented inspection opportunity or waiver. Resolve blank or contradictory entries while the parties can still review them.

The seller and any agent must keep the completed disclosure attachment for at least three years after the sale is completed. EPA recordkeeping guidance. Keep delivery evidence with it so the file also shows when the buyer received the packet.