Can You Sell a House With Lead Paint? Florida Disclosure Rules for Pre-1978 Homes

Can you sell a house with lead paint? Yes. No federal or Florida law stops you from selling a home just because it has lead-based paint. But if the home was built before 1978, a federal rule tells you what you must hand the buyer before they sign. So the real question is how to sell it the right way. This guide walks Palm Beach County sellers through the forms, the buyer's inspection window, the repair rules and the questions buyers tend to ask.

Key takeaways

• You can sell a pre-1978 home with lead paint. You do not have to remove the paint first.
• You must give the buyer the EPA pamphlet, disclose what you know, share any reports you have and add a lead warning statement to the contract.
• Buyers get a 10-day window to test for lead. Both sides can change that period in writing, and a buyer can waive it.
• Keep signed copies of the disclosure for three years after closing.
• If you hire anyone to fix painted surfaces in a pre-1978 home, the contractor needs EPA lead-safe certification.

Can you sell a house with lead paint in Florida?

You can. Lead paint is a disclosure issue, not a ban on selling. Homes built before 1978 may still have lead-based paint under newer coats, and that is why the federal rule uses 1978 as its cutoff.

Instead of forcing a cleanup, the law asks for honesty and paperwork. The EPA and HUD share the rule. It applies to most sales and leases of homes built before 1978, including houses, condos and townhomes.

Florida adds its own layer. Since the 1985 case Johnson v. Davis, Florida sellers must disclose known facts that materially affect value and that a buyer cannot easily see. So the federal lead form and your general Florida disclosure work side by side. Our guide to the Florida seller disclosure form covers the rest of that paperwork.

Which homes the federal lead rule covers

The rule covers housing built before 1978. However, the EPA lists a few exceptions. The rule does not apply to:

• Homes built in 1978 or later
• Foreclosure sales
• Leases of 100 days or less
• Zero-bedroom units, such as studios, unless a child under six lives there
• Housing for the elderly or people with disabilities, unless a child under six lives there
• Homes a certified inspector has found free of lead-based paint

Most resale homes in older parts of Palm Beach County do not fall into those exceptions. So if your home predates 1978, plan on using the lead disclosure. Your property appraiser record shows the year built if you are not sure.

What a seller has to hand the buyer

The EPA lists the seller's duties in plain terms. You must do all of them before the buyer is bound by the contract.

The pamphlet and the warning statement

First, give the buyer the EPA pamphlet called "Protect Your Family From Lead in Your Home." It explains how lead hazards form and how to control them.

Next, the contract needs a Lead Warning Statement. It tells the buyer that lead from paint can harm health if people do not manage it well. In Florida, agents usually attach a standard lead disclosure addendum to the purchase contract, and both sides sign it.

Known lead and the records you have

You must disclose any lead-based paint or lead hazards you know about. That includes where the paint is and what shape it is in. For example, you might know that the original window trim has lead paint because a past inspection found it.

You also must hand over all available records and reports. That could be an old risk assessment, a test result from a past renovation or a letter from a contractor. If you have none, you say so on the form. The rule does not make you test. It only makes you share what you know and what you have.

Finally, keep a signed copy of the disclosure for three years after closing. Your listing agent should keep one too, since the EPA says agents share the duty to make sure sellers comply.

The 10-day inspection window when you sell a house with lead paint

Under the rule, buyers get 10 days to run a lead paint inspection or a risk assessment. The buyer pays for it. Then the buyer can use the results in talks with you, just like a home inspection.

The 10 days are a default, not a fixed rule. Buyer and seller can agree in writing to make the window longer or shorter. Also, a buyer can waive the inspection completely. Some buyers of older homes do just that, while others want the test, so expect both.

So what happens if a test finds lead? That depends on the contract. In practice, the buyer may ask for a repair, a credit or a lower price. Or, if the contract allows, the buyer may cancel. Read the lead addendum closely with your agent so you know which outcome the form allows before you sign.

Where older housing sits in Palm Beach County

Lead paint questions come up most in the county's older, established neighborhoods. Western suburbs built in the 1980s and later are past the 1978 cutoff. However, many coastal cities grew much earlier.

Lake Worth Beach. The city lists six historic districts: College Park, Old Lucerne, Old Town Commercial District, Northeast Lucerne, Southeast Lucerne and South Palm Park. Its own page says College Park grew mostly between 1925 and 1928 and again from 1945 to 1949. Note the name, too. Residents voted in March 2019 to rename the city Lake Worth Beach, according to the Historical Society of Palm Beach County. Unincorporated areas west of the city still use a Lake Worth mailing address. Those western areas include many newer homes, so check the year built on each property. Our Lake Worth Beach page has more on the city.

West Palm Beach. The city says it has 17 historic districts, nine of them on the National Register, plus more than 45 individually designated sites. Neighborhoods such as Old Northwood and Grandview Heights hold many homes from the early and middle 1900s.

Smaller coastal towns. Towns along the Intracoastal, such as Lantana, also have older homes mixed in with newer ones. Again, the year built on the property record is your best guide.

None of this means a given home has lead paint. Many owners have painted, re-sided or replaced windows over the years. Still, buyers in these areas know the age of the housing, so they often ask.

Can you sell a house with lead paint as is, or should you fix it?

Many sellers mix up two separate things. Disclosure is a legal must. Fixing lead paint, also called abatement, is a choice in most private sales.

The federal rule does not make you remove lead paint before you sell. Instead, it makes you tell the buyer what you know. So you have three common paths:

1. Disclose and sell as is. You hand over the forms and let the buyer decide. This is a common route for older homes.
2. Disclose and offer a credit. If a test finds problems, you give the buyer money at closing instead of doing the work.
3. Fix specific areas first. For example, you replace old windows or repaint peeling trim the safe way. Then you disclose what you did and share the paperwork.

Our guide to selling a house as is in Palm Beach County explains how as-is sales work in general. The lead rule still applies to an as-is sale of a pre-1978 home.

Repairs and the EPA renovation rule

If you pay someone to do work that disturbs paint in a pre-1978 home, the EPA's Renovation, Repair and Painting rule applies. The firm must be certified, and its workers must follow lead-safe practices. That holds even for a one-person business.

There is a small-job exemption. Minor repair and upkeep that disturbs six square feet or less of paint per room inside, or 20 square feet or less outside, falls outside most of the rule. However, window replacement is always covered, no matter the size.

Homeowners who work on their own home are generally exempt. But that changes if you rent out part of the home or buy, fix and sell homes for profit. So if you plan pre-listing work, hire a certified firm and keep its records. Those records then become part of what you share with buyers.

Can you sell a house with lead paint for full price?

Often, yes. Buyers of older homes in Lake Worth Beach or West Palm Beach generally expect the lead form, and price depends far more on condition, location and recent sales. Still, a few concerns come up again and again.

• Young children. Families with small kids tend to worry most, since peeling paint and dust are the main risk. They may want the test, so plan time for it.
• Peeling or chipping paint. Paint in good shape worries buyers less than paint that flakes. Fixing peeling areas the safe way before you list can help.
• Renovation plans. Buyers who plan to gut the kitchen or swap windows will price in lead-safe work.
• Loan rules. A buyer's lender or appraiser may flag peeling paint on an older home, so ask your agent to check before you list.

Because of this, price your home with its age in mind. Your agent can compare recent sales of similar older homes in your area, since those buyers faced the same paperwork. Our home value tool is a good first step.

Older homes also raise other buyer questions about roofs, wiring and plumbing. Those can matter more to the price than lead does.

Frequently asked questions

Can you sell a house with lead paint without testing it first?

No. The federal rule does not require a seller to test. It requires you to disclose what you know and share any reports you already have. The buyer then gets the chance to test.

If you sell a house with lead paint, can the buyer back out?

It depends on the contract terms. The rule gives the buyer an inspection chance, and the lead addendum spells out what happens after. Ask your agent to walk you through the form before you sign.

What if I never knew about lead paint in my home?

You still give the pamphlet and the warning statement. On the form, you state that you have no knowledge or reports. The rule asks you to disclose known information, not to guess.

Can you sell a condo or house with lead paint under the same rule?

Yes, if the building dates from before 1978 and no exception applies. For condos, the rule also reaches records about common areas and other units, if you have them.

How long should I keep the lead disclosure?

Keep a signed copy for three years after the sale closes. The EPA sets that period for sellers and agents.

Sources

• U.S. Environmental Protection Agency, Real estate disclosures about potential lead hazards
• U.S. Environmental Protection Agency, Renovation, Repair and Painting Program
• U.S. Environmental Protection Agency, RRP program for contractors
• Johnson v. Davis, Florida Supreme Court, 1985 (Justia)
• Florida Realtors, Florida disclosure laws
• City of Lake Worth Beach, Historic districts
• Historical Society of Palm Beach County, Lake Worth Beach (2019 name change)
• City of West Palm Beach, Historic preservation

This article is general information, not legal, tax or financial advice. Lead rules and contract forms can change, so talk with a real estate attorney about your own sale.

Selling an older home in Palm Beach County? We will help you gather the right forms, price the home for its age and keep the deal on track. Book a no-obligation listing consultation or see what your home is worth. Buying a pre-1978 home instead? Talk with a buyer's agent about the lead inspection window.