What do you have to disclose when selling a home built before 1978?
Under the federal Lead Disclosure Rule, sellers of most homes built before 1978 must give buyers the EPA pamphlet Protect Your Family From Lead in Your Home, disclose any known lead-based paint or hazards and share available reports, include a Lead Warning Statement in the contract, and give the buyer 10 days to conduct a lead inspection or risk assessment (the buyer can waive it, and the parties can agree to change the period in writing). Sellers and agents sign the disclosure, and copies are kept for at least three years. This is in addition to Washington’s Form 17.
Pierce County has plenty of older homes, from Tacoma craftsman bungalows to mid-century ramblers in Puyallup and Sumner. If your home was built before 1978, there’s a federal disclosure that applies on top of Washington’s usual paperwork.
It sounds intimidating, but for most sellers it’s simple: disclose what you know, hand over the pamphlet and any reports, and let the buyer decide about testing. Here’s how it works. For the rest of the seller process, see our Pierce County seller guide.
Why 1978?
Lead-based paint was banned for residential use in 1978. Homes built before then may have it, often under newer layers of paint. Federal law requires disclosure so buyers can make informed decisions.
What the seller must do
According to HUD’s summary of the rule, sellers of pre-1978 housing must:
- Provide 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 painted surfaces
- Provide available records and reports, such as a past lead inspection or risk assessment
- Include a Lead Warning Statement with the purchase contract
- Give the buyer a 10-day opportunity to have the home inspected or assessed for lead. The buyer can waive it, and the parties can agree in writing to a different period.
- Keep copies of the signed disclosures for at least three years after the sale
Agents involved in the sale also sign the disclosure. In Washington, the disclosure is handled as an addendum to the purchase agreement, and your agent will prepare it with the rest of your paperwork.
What if you don’t know of any lead?
That’s common. You disclose that you have no knowledge of lead-based paint and no reports. You’re not required to test the home before selling. But if you’ve had a test or a report, even an old one, it must be shared.
How it fits with Form 17
Washington’s seller disclosure, Form 17, separately asks whether there are substances that may be environmental concerns, and it lists lead-based paint among them. Answer both forms consistently. Here’s a full guide to Form 17 in Washington.
Buyer financing and paint condition
If your buyer is using an FHA or VA loan, the appraiser will look for chipped, peeling, or flaking paint on pre-1978 homes. That can trigger a repair condition before closing. Here’s what to expect when selling to an FHA or VA buyer.
My take: On older homes, I often recommend addressing peeling paint before listing. It photographs better, reduces repair requests, and keeps FHA and VA buyers in the pool.
Doing repairs before you sell
If you paint, sand, or remodel a pre-1978 home before listing, federal rules require contractors who disturb painted surfaces for pay to be certified in lead-safe work practices in most situations. Ask any painter or contractor about their certification before they start.
Not sure what to fix? A pre-listing inspection can show what a buyer’s inspector will likely flag, and our guide to selling as-is or making repairs helps you weigh the options.
Seller checklist for pre-1978 homes
- Confirm the year built (county records or your title report)
- Gather any lead inspections, risk assessments, or abatement records
- Have the EPA pamphlet ready (your agent will provide it)
- Complete the lead disclosure addendum and Form 17 consistently
- Address peeling or chipping paint, using certified contractors
- Keep signed copies for at least three years
Frequently Asked Questions
Do I have to disclose lead paint when selling my house?
If the home was built before 1978, federal law requires you to disclose any known lead-based paint or hazards, provide available reports, give the buyer the EPA lead pamphlet, and include a lead warning statement in the contract.
Do I have to test my house for lead before selling?
No. Sellers aren’t required to test. You must disclose what you know and share any existing reports. Buyers get a 10-day opportunity to test if they choose.
Can a buyer waive the lead inspection period?
Yes. Buyers may waive the 10-day lead inspection or risk assessment opportunity, and the parties can agree in writing to lengthen or shorten it.
How long do I need to keep lead disclosure records?
Sellers and agents should keep copies of the signed lead disclosure for at least three years from the sale date.
Does peeling paint affect FHA or VA loans?
It can. Appraisers for FHA and VA loans look for chipped, peeling, or flaking paint on pre-1978 homes, which can lead to required repairs before closing.
Disclose clearly, sell with confidence
Older homes have character that buyers love. Handling the lead disclosure correctly and addressing visible paint issues keeps the sale moving.
If you’re selling an older home, book a Home Selling Strategy Session with The Barnard Group. We’ll walk through your disclosures, the repairs worth making, and a pricing plan for your home.
About Josh Barnard Josh Barnard is the founder of The Barnard Group and has spent over 20 years helping families navigate some of life’s biggest moments through real estate. Known for his “Work Hard. Be Kind.” approach, Josh combines expert market knowledge, innovative marketing, and genuine care to help homeowners make confident decisions about their next chapter. Whether someone is buying their first home, moving up, downsizing, or relocating to Pierce County, his mission is simple: serve people well, create unforgettable experiences, and help families build a life they love.
Researched October 13, 2026. This is general information, not legal advice. Consult a Washington real estate attorney about your disclosure obligations and certified professionals about lead testing or repairs.
