What You Should Know About Your Pre-1978 Home
Real Estate Disclosure
Buyers
Federal Law requires that before being obligated under a contract to buy housing built prior to 1978, buyers must receive the following from the home seller:
- An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards titled Protect Your Family From Lead In Your Home (PDF).
- Any known information concerning the presence of lead-based paint or lead-based paint hazards in the home or building.
- Even if the seller indicates no lead-based paint hazards are known, lead-based paint could still be present.
- An attachment to the contract, or language inserted in the contract, that includes a "Lead Warning Statement" and confirms that the seller has complied with all notification requirements.
- A 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. Homebuyers may waive this inspection opportunity. If you have a concern about possible lead-based paint, then get a lead inspection from a certified inspector before buying.
Renters
Federal law requires that before signing a lease for housing built before 1978, renters must receive the following from your landlord:
- An EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, Protect Your Family From Lead In Your Home (PDF).
- Any known information concerning the presence of lead-based paint or lead-based paint hazards in the home or building.
- Even if the landlord indicates no lead-based paint hazards are known, lead-based paint could still be present.
- An attachment to the contract, or language inserted in the contract, that includes a "Lead Warning Statement" and confirms that the landlord has complied with all notification requirements.
If you have a concern, then ask your landlord to get a lead hazard inspection from a certified inspector before signing your lease.
Find a Certified Lead-Based Paint Professional
If you are planning to do any common repairs, renovations, or painting activities such as sanding, cutting or replacing windows in a home built prior to 1978, you could be creating hazardous lead dust and chips which are harmful to adults and young children. Even minor home repairs that create small amounts of lead dust are enough to poison your child and put your family at risk. This is why you should hire a lead-safe renovator when conducting work in older homes.
For more information regarding the Renovation, Repair and Painting Program visit the Environmental Protection Agency's website: EPA's Renovation Repair and Painting Program
The following links can provide you with additional information on keeping your family safe.
If you would like to have your pre-1978 home inspected for lead-based paint and lead-based paint hazards, you must hire a Certified Risk Assessor.
A Certified Risk Assessor is an individual who has been trained by an accredited training program and certified by the Oklahoma Department of Environmental Quality to conduct risk assessments. A risk assessor may also sample for the presence of lead in dust and soil or help identify other possible sources of lead exposure to protect your child and your family. Please click here for the list of Oklahoma's Certified Risk Assessors.
Lead-based paint can be found in any home built before 1978.
The prevalence of lead-based paint varies depending on the age of the home. According to estimates from the 2011 American Health Homes Survey (AHHS), 86% of homes built before 1940 contain lead-based paint. For homes built from 1940-1959, 66% have lead-based paint present. The prevalence of lead-based paint for homes built in 1960-1977 declines to 25% of homes. In 1978, the use of residential lead-based paint was banned in the United States.
According to the Centers for Disease Control and Prevention (CDC), deteriorated leaded paint and elevated levels of lead contaminated house dust can be found in an estimated 24 million U.S. housing units. More than 4 million of these units are homes to one or more young children.
