Which houses the rule covers
The federal lead disclosure rule applies to most private and public housing built before 1978. It comes from Section 1018 of Title X, which the EPA calls the Real Estate Notification and Disclosure Rule. It applies before the buyer signs the contract, so it has to be handled at the offer stage, not at closing.
In Northeast Ohio, that covers a large share of houses. Census estimates for 2020-2024 put Akron’s median year built at 1954, with 34% of homes built in 1939 or earlier. Canton’s median is 1947, with 41% built in 1939 or earlier. If you’re selling in either city, assume the rule applies unless you know the house is newer.
The five things a seller must do
The EPA lists the seller’s obligations. For a pre-1978 house, you must:
- Give the buyer the pamphlet “Protect Your Family From Lead In Your Home.”
- Disclose known lead-based paint and hazards, including where they are and the condition of the painted surfaces.
- Provide all available records and reports about lead in the house.
- Include a Lead Warning Statement in the contract, in the same language as the contract. The EPA offers sample disclosure forms.
- Give the buyer a 10-day period to have a paint inspection or risk assessment done. The parties can change the period in writing, and the buyer can waive it.
Then keep a signed copy of the disclosure for three years after the sale.
“Known” is the key word. If you’ve never tested and don’t know of lead, you disclose that you have no knowledge and no reports. If a past inspection, a child’s elevated blood test, or a city order found lead, you must say so and hand over the paperwork.
Exemptions
Fewer sales are exempt than sellers expect. The EPA’s list:
| Exempt | Not exempt |
|---|---|
| Housing built after 1977 | An as-is sale of a pre-1978 house |
| Foreclosure sales | A sale by heirs or an estate |
| Housing a certified inspector found free of lead-based paint | A sale to a cash buyer or investor |
| Zero-bedroom units, unless a child under six lives there | A sale of a rental with tenants |
| Housing for the elderly or disabled, unless a child under six lives there | A sale by owner without an agent |
| Leases of 100 days or less |
The last three exemptions matter mostly to landlords, because the rule also applies when renting pre-1978 housing.
The 2026 pamphlet update
Use the current version of the pamphlet. The EPA revised it in 2026 to reflect new dust-lead action levels and reportable levels that took effect January 12, 2026, and a revised definition of abatement effective January 13, 2025. The EPA says older copies don’t have to be thrown away, but should be handed out with the supplement that carries the updated information. The pamphlet is free to print, in English, Spanish and several other languages.
Mistakes that cause problems later
Most lead disclosure problems come from timing and paperwork, not from the paint itself. Watch for these:
- Signing the contract first and disclosing later. The disclosure belongs before the buyer is bound.
- Leaving out an old report because the problem was fixed. If you have a record, the rule says to provide it.
- Skipping the 10-day option without a written waiver from the buyer.
- Not keeping copies. Hold the signed disclosure for three years.
- Assuming a renovated house is exempt. New paint over old paint doesn’t change the year built. Only a certified inspector’s lead-free finding exempts the house.
- Forgetting the tenants. If the house is rented, the leases needed their own lead disclosure too.
A title company or attorney can add the disclosure to your purchase agreement if the buyer’s contract doesn’t include it.
Agents, buyers and who is responsible
When a real estate agent is involved, the agent must tell the seller about these obligations and shares responsibility for compliance, unless the seller hid lead information from the agent. In a sale without an agent, the full responsibility is the seller’s.
The EPA says sellers, landlords and agents who don’t provide the information may face penalties, and it lets buyers who didn’t receive a disclosure report it. It doesn’t publish amounts on that page.
Testing, if you or the buyer want it
Testing is optional for the seller. If you’d like to know before you sell, or the buyer uses the 10-day window, Summit County Public Health offers lead assessments on request. Its 2026 fee schedule lists:
- Full paint inspection: $300.
- Partial paint inspection: $125 for 1 to 10 tests, $200 for 11 to 20.
- Lead risk assessment, with dust and soil samples: $500.
- Paint inspection plus risk assessment: $700.
- Lead clearance test after work: $500.
Assessments tied to a case of childhood lead poisoning are listed at no charge. If you test, the results become a record you must disclose to future buyers.
How it fits with Ohio’s disclosure form
The federal lead form is separate from Ohio’s residential property disclosure form under R.C. 5302.30, and the state form doesn’t replace it. The Ohio form also asks about hazardous materials, including lead-based paint, within your actual knowledge. Answer both consistently. Our guide to the Ohio residential property disclosure form covers the state form and its exemptions, which differ from the federal ones.
Selling an older house that needs paint, windows and more? Our pages on selling a house that needs work and selling a rental property in Ohio cover the seller’s side. If you’re selling an older Akron or Canton house as it is, our process starts with a short walkthrough and a written offer.
