Lead-Based Paint Disclosure for California Home Sales
If you sell a California home built before 1978, federal law requires you to give the buyer the EPA pamphlet “Protect Your Family From Lead in Your Home,” disclose any lead-based paint or lead hazards you know about, hand over any lead reports you have, and offer a 10-day window to test, all before the buyer is bound by the contract. The contract must also carry a Lead Warning Statement with signed acknowledgments, and the seller and any agent must keep a copy for at least three years. You don’t have to test for lead or remove it.
California layers its own disclosure forms and building rules on top of the federal requirement. That matters across Diamond’s markets, where many homes around the Sonoma Plaza, on Petaluma’s west side, in older Marin towns and across San Francisco were built well before 1978. This guide covers who must comply, what the form contains, the exemptions, the California additions, and what happens if a step is missed. It’s part of our guide to the California selling process.
Where the rule comes from
The requirement is federal law, 42 U.S.C. 4852d, part of what CDPH calls the Title X disclosure rules. HUD and EPA carry it out through matching regulations: HUD’s at 24 CFR Part 35, Subpart A (sections 35.80 to 35.98), and EPA’s at 40 CFR Part 745, Subpart F. According to the California Department of Public Health, the federal disclosure rules took effect March 6, 1996.
The rule covers “target housing.” Both the statute, 42 U.S.C. 4851b, and EPA’s regulation, 40 CFR 745.103, define it as “any housing constructed prior to 1978, except housing for the elderly or persons with disabilities or any 0-bedroom dwelling (unless any child who is less than 6 years of age resides or is expected to reside in such housing).” EPA’s disclosure page reads that last clause as applying to both exclusions.
The regulation defines a 0-bedroom dwelling as one where the living area is not separated from the sleeping area, such as a studio, efficiency or dormitory. Housing for the elderly means retirement communities or similar housing reserved for households with at least one person 62 or older at initial occupancy.
What a seller must do, step by step
Under 42 U.S.C. 4852d and 40 CFR 745.107, these steps must be finished before the buyer is obligated under the contract:
- Give the pamphlet. Provide EPA’s “Protect Your Family From Lead in Your Home,” or another EPA-approved lead hazard pamphlet.
- Disclose what you know. State any known lead-based paint or lead-based paint hazards, including where they are and the condition of the painted surfaces, or state that you have no knowledge.
- Hand over records. Provide all available lead reports and records. In a multifamily building, that includes records for common areas.
- Tell your agent. Disclose the same information to each agent in the transaction.
- Offer the inspection period. Allow the buyer 10 days to conduct a lead inspection or risk assessment, unless you agree in writing to a different period. The buyer may waive it in writing.
- Complete and sign the attachment. Attach the Lead Warning Statement and the certifications to the contract.
- Keep the file. Retain the signed attachment for at least three years from the date the sale closes.
If you learn of lead information after the buyer has made an offer, 40 CFR 745.107 says you must complete the disclosure before accepting the offer and let the buyer review it and, if they choose, amend the offer.
What the disclosure form contains
EPA publishes a sample “Seller’s Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards,” and California transactions commonly use an equivalent form within the purchase paperwork. Whatever form you use, 40 CFR 745.113 requires the same elements.
| Element | Who completes it |
|---|---|
| Lead Warning Statement, in the language set by regulation | Printed on the form |
| Disclosure of known lead-based paint or hazards, or a statement of no knowledge | Seller |
| List of records and reports provided, or a statement that none are available | Seller |
| Acknowledgment that the buyer received the information and the pamphlet | Buyer |
| Statement that the buyer received the 10-day opportunity, or waived it | Buyer |
| Statement that the agent informed the seller of the seller’s obligations | Agent |
| Signatures and dates certifying accuracy | Seller, buyer and agents |
The statute requires the Lead Warning Statement to appear in large type on a separate sheet attached to the contract, and the buyer signs to confirm reading it. A short note in the listing or the Transfer Disclosure Statement is not a substitute.
The 10-day inspection opportunity
The 10-day period is an opportunity, not an obligation. Buyers can use it for a lead inspection, which finds lead-based paint surface by surface, or a risk assessment, which looks for hazards such as deteriorated paint, dust and soil.
- Change it in writing. The parties can lengthen or shorten the period by written agreement.
- Waive it in writing. A buyer who doesn’t want to test can waive the opportunity on the form.
- Use certified testers. CDPH says California’s lead-related construction rules require inspector/assessors to be state-certified, and it keeps a list of certified professionals.
The federal rule doesn’t say what happens if lead is found; the purchase contract does. In a California purchase agreement, the buyer’s investigation contingency and request for repair process usually carry that weight. See our guides to the California purchase agreement and requests for repair.
Exemptions
EPA’s regulation and its disclosure page list these sales and leases as outside the rule:
- Housing built in 1978 or later.
- Sales at foreclosure.
- Zero-bedroom units, such as studios, lofts and dormitories, and housing for the elderly or persons with disabilities, unless a child under 6 lives or is expected to live there.
- Leases of housing that a certified inspector has found free of lead-based paint.
- Short-term leases of 100 days or less with no renewal or extension.
- Renewals of existing leases where the landlord already disclosed and has no new information.
Note what isn’t on the list. An “as-is” sale, a sale by a trustee or an estate, and a sale where the seller never lived in the home don’t appear among the exemptions, so plan to disclose unless one of the listed exemptions fits. Our guide to selling as-is in California explains why as-is terms don’t remove disclosure duties.
California additions
CDPH describes California’s own disclosure law, Civil Code sections 1102 through 1102.15, as sitting alongside the federal rule, which adds its requirements on top. In practice a seller of a pre-1978 home completes the federal lead disclosure and the state forms. Our California seller disclosures guide covers the Transfer Disclosure Statement and the rest of the package.
- Lead hazards as a code violation. Health and Safety Code 17920.10 deems a building or unit in violation of the State Housing Law as to any portion containing lead hazards: deteriorated lead-based paint, lead-contaminated dust or soil, or disturbing lead-based paint without containment, at levels likely to endanger occupants or the public. For paint, the section sets minimum areas, such as 2 square feet in an interior room or 20 square feet on exterior surfaces.
- Certified professionals. Lead inspections and risk assessments in California are performed by CDPH-certified inspector/assessors.
- Pre-sale work. EPA’s Renovation, Repair and Painting rule requires anyone paid to disturb paint in a pre-1978 home to be certified and use lead-safe work practices. Homeowners working on their own homes are generally outside it, but the contractors a seller hires to prep a house for market are covered.
If you plan to paint, sand or replace windows before listing, hire a certified firm and keep its paperwork. Records of lead-safe work belong in the disclosure package. Our pre-listing inspection guide covers other pre-sale reports. Diamond may refer you to partners we work with; you’re free to choose any provider.
Penalties and the agent’s role
Under 42 U.S.C. 4852d(b) and 40 CFR 745.118, a person who knowingly fails to comply faces:
- Civil money penalties under 42 U.S.C. 3545, and possible injunctions.
- Joint and several liability to the buyer for three times the damages incurred, plus court costs, attorney fees and expert witness fees for a prevailing party.
- Sanctions under the Toxic Substances Control Act. 40 CFR 745.118 still states a maximum of $11,000 per violation and notes the figure may not reflect inflation adjustments. As of October 2026, EPA’s inflation table at 40 CFR 19.4 lists $22,263 per violation under 42 U.S.C. 4852d(b)(5) for violations after November 2, 2015 where the penalty is assessed on or after January 8, 2025.
The statute also says a violation doesn’t invalidate the sale, the loan or any lien, and doesn’t create a defect in title. The exposure is to penalties and damages, not to unwinding the deal.
Agents carry their own duty. Under 40 CFR 745.115, each agent must tell the seller about these obligations and make sure they are met. An agent who informed the seller isn’t liable for hazards the seller knew about but didn’t disclose to the agent.
Older North Bay and San Francisco homes
Lead disclosure is routine for much of the housing Diamond sells. Victorian, Edwardian and early 20th-century houses in San Francisco, Santa Rosa and Petaluma, farmhouse-style homes around Sonoma, and postwar houses throughout Marin can all predate 1978. Original windows, trim, porches and exterior siding are the usual places buyers ask about.
For more on those property types, see our pages on historic homes in Santa Rosa, San Francisco Victorian and Edwardian homes, historic homes near the Sonoma Plaza and Sonoma farmhouse-style homes. Buyers weighing a project house should also read is a fixer-upper right for you.
Disclosure duties and exemptions are legal questions, and this page is general information rather than legal advice. If you’re unsure whether your sale is exempt or what to disclose, ask a California real estate attorney; for testing, use a CDPH-certified lead inspector/assessor.
Questions people ask
When is a lead-based paint disclosure required in California?
For the sale or lease of most housing built before 1978. The seller must give the EPA pamphlet, disclose known lead information and reports, offer a 10-day testing period and complete the signed attachment before the buyer is bound.
Do I have to test my house for lead before selling?
No. Federal law requires disclosure of what you know and any reports you have, not testing or removal. The buyer may test during the 10-day opportunity.
Can the buyer waive the 10-day lead inspection?
Yes, in writing on the disclosure form. The parties can also agree in writing to a longer or shorter period.
Who is exempt from lead-based paint disclosure?
Sales of housing built in 1978 or later, foreclosure sales, and zero-bedroom units and housing for the elderly or persons with disabilities where no child under 6 lives or is expected to live. Certain leases are also exempt.
How long must I keep the lead disclosure form?
At least three years from the date the sale closes. The requirement applies to the seller and to each agent.
What is the penalty for not giving a lead disclosure?
Knowing violations can bring federal civil penalties, liability to the buyer for three times their damages plus attorney fees, and sanctions under the Toxic Substances Control Act. The sale itself remains valid.
Is the Transfer Disclosure Statement enough to cover lead?
No. The federal rule requires its own Lead Warning Statement, acknowledgments and pamphlet. Complete the federal lead disclosure along with California’s state forms.
Selling an older home in Sonoma, Napa, Marin or San Francisco? We can help you assemble the lead disclosure, the state forms and any reports before you list, so buyers see a complete package. See how Diamond sells homes.
Sources & notes
- Cornell LII: 42 U.S.C. 4852d, Disclosure of information concerning lead upon transfer of residential property
- Cornell LII: 42 U.S.C. 4851b, Definitions (target housing)
- eCFR: 40 CFR Part 745, Subpart F (EPA disclosure rule)
- eCFR: 24 CFR Part 35, Subpart A (HUD disclosure rule)
- U.S. EPA: Real estate disclosures about potential lead hazards (updated May 27, 2026)
- U.S. EPA: Renovation, Repair and Painting Program (updated June 17, 2026)
- California Department of Public Health: Lead and real estate disclosure
- California Public Law: Health and Safety Code section 17920.10 (lead hazards)
- Cornell LII: 40 CFR 745.103, Definitions (target housing, 0-bedroom dwelling, housing for the elderly)
- eCFR: 40 CFR 19.4, Statutory civil monetary penalties as adjusted for inflation
EPA adjusts penalty amounts for inflation by regulation; check 40 CFR 19.4 for the figure in effect when a penalty is assessed.
Last reviewed October 2026 by Matthew Martinez.
