Selling a Home Built Before 1978? Get the Lead Disclosure Ready First.
CENTURY 21 HomeStar
By Elliot Stone | The Stone Team
Reviewed November 6, 2026
If your Northeast Ohio home was built before 1978, start by gathering what you already know about lead-based paint. I'd do that before offers come in and before anyone starts sanding old trim.
For most homes built before 1978, federal rules require you to share known information and available reports with the buyer. The disclosure rule itself doesn't require you to pay for testing or remove lead paint just to sell. The buyer still needs an opportunity to check for lead. [1, 2]
Illustrative exterior photo: hi room / Pexels. The photo does not show a Stone Team listing or establish the home's age or paint condition.
Start with the year and the records
If the build year is unclear, compare the county property record with any documents you have. Ask your agent to help resolve conflicting dates before relying on either one. A remodeled kitchen or replacement windows don't tell you when the house was built.
Look for past lead inspections, risk assessments, and records from any lead-related work. Include the whole report, not just a page that says what was repaired. If a report covers only a few rooms or surfaces, don't use it to describe the entire home as lead-free.
If you own a condo or another unit in a multi-unit building, ask the association or manager for relevant records. The federal rule covers available records for common areas and, in some cases, other units evaluated as part of work on the building as a whole. [1]
Get the buyer's packet ready before accepting an offer
For a covered sale, disclose what you know about lead-based paint and related hazards. Provide available reports, give the buyer the EPA lead pamphlet, and use the required contract attachment with its lead warning and signed acknowledgments. If you don't know whether lead paint is present, say that. “I don't know” and “there isn't any” are different answers. [1, 2]
I'd get the packet ready before listing so you don't have to look for reports while weighing an offer. If the buyer has already made an offer and hasn't received the disclosures, give them the information before accepting and allow them to review it and consider changing the offer. [1]
Keep the signed federal attachment for at least three years after the sale is completed. Ohio's residential property disclosure form also asks about known lead paint or hazards and related reports. Review both sets of paperwork with your agent. [1, 3]
Give the buyer time to decide whether to test
The federal rule generally gives buyers 10 days to get a lead paint inspection or risk assessment before they're obligated to buy. Both parties can agree in writing to a different period, and the buyer can waive the opportunity in writing. Work out the dates and paperwork with your agent or attorney before the buyer becomes bound. [1, 2]
I'd plan for that conversation instead of assuming the buyer will waive it. If a new report comes in, keep it and get advice on how to handle it with this buyer and any future buyers.
Pause before scraping or sanding for showings
Preparing the disclosure is one job. Disturbing old paint is another. Sanding trim or replacing painted windows can create lead dust if the paint contains lead. For work that falls under EPA's Renovation, Repair and Painting Rule, the hired firm needs the appropriate certification and must follow lead-safe practices. Ask what the work will disturb before you hire someone. [4]
If there's an active concern, get qualified advice rather than covering it up for photos. If you're weighing optional projects, our repair-or-sell-as-is guide can help you think through cost and timing after you know what the work involves. Check separate local requirements if they apply to your property.
Selling a home built before 1978? Email Questions@rocksolidhousing.com with your property address and planned timing to talk through what to gather before you list.
Sources
[1] Federal EPA/HUD disclosure rule, 40 CFR Part 745 Subpart F, especially §§ 745.101, 745.103, 745.107, 745.110, 745.113 and 745.119; current text checked November 6, 2026.
[2] EPA, Frequent Questions About the EPA/HUD Real Estate Notification & Disclosure Rule; checked November 6, 2026. EPA's current pamphlet landing page lists the revised 2026 edition.
[3] Ohio Department of Commerce, Residential Property Disclosure Form, effective June 2022; hazardous materials and owner instructions checked November 6, 2026.
[4] EPA, Renovation, Repair and Painting Program: Contractors, and program overview; checked November 6, 2026. Separate federal work rules, with scope exceptions; no DIY protocol or property-specific diagnosis.
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