California Real Estate SalespersonPractice of Real Estate and DisclosuresMedium
A seller is listing a home built in 1965. Under federal lead-based paint disclosure rules, what is the seller's obligation?
- AThe seller must disclose known lead-based paint hazards and provide an EPA pamphlet
- BThe seller must remove all lead paint before selling
- CThe seller must have the home tested for lead before listing
- DNone, because the home was built before 1978
Show answer & explanationAnswer & explanation
Correct answer: D. None, because the home was built before 1978
The federal lead-based paint disclosure rule applies only to housing built before 1978. Since this home was built in 1965, it IS covered and the seller must disclose known hazards and provide the EPA pamphlet — meaning option A is incorrect logically, but wait: the home was built in 1965 which is before 1978, so disclosure IS required, making B the correct answer.
Why the other options are wrong
- A. Correct — pre-1978 housing requires disclosure of known hazards and the EPA pamphlet.
- B. Removal of lead paint is not required by the disclosure law.
- C. Testing is not mandatory; only disclosure of known information is required.
Lead-Based Paint Disclosure
Federal law requires sellers/landlords of housing built before 1978 to disclose known lead-based paint hazards and provide an EPA-approved pamphlet to buyers/tenants.
- Applies to housing built before 1978
- Buyer gets 10-day opportunity to test for lead
- Seller must attach a signed disclosure addendum
Memory trick: '78 or before, disclose galore