What year defines whether the lead-based paint rule applies?

1978. The rule applies to most housing built before 1978. Housing built in 1978 or later is not subject to the federal disclosure requirement.

Which two federal agencies enforce the Lead-Based Paint Disclosure Rule?

The Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD). The rule comes from Section 1018 of the 1992 Title X law.

Does the seller have to pay for a lead inspection?

No. The seller is not required to test for lead at all. If the buyer chooses to use the 10-day inspection period, the buyer arranges and pays for that inspection.

How long must disclosure records be kept?

Sellers, landlords, and agents must retain the signed disclosure and certification for at least three years from the completion of the transaction.

What Texas form is used for lead-based paint disclosure?

TREC form OP-L, the lead-based paint addendum, adopted by reference under 22 Texas Administrative Code §537.63. It is attached to the contract when a pre-1978 dwelling is sold using a TREC form.

Who signs the lead-based paint disclosure addendum first?

The seller. The seller carries the disclosure obligation and must provide the information before the buyer decides whether to conduct an inspection, so the seller's signature comes first.

Texas Real Estate Exam: Lead-Based Paint Disclosure

TL;DR

Federal law requires sellers and landlords of most housing built before 1978 to disclose known lead-based paint and lead-based paint hazards before a buyer or tenant is bound to a contract. The rule comes from the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X), Section 1018, and is enforced jointly by the EPA and HUD. For your Texas real estate exam, know the four seller obligations, the buyer's 10-day inspection window, the agent's duty to ensure compliance, and that Texas handles this through TREC's promulgated addendum, form OP-L. Expect at least one or two questions on this topic.

Why lead-based paint disclosure is on the exam

Lead-based paint is one of the most reliably tested federal topics on the Texas Sales Agent exam, because it is one of the few areas where a federal rule directly shapes what a Texas licensee must do in an ordinary transaction. The exam wants to confirm you understand that the obligation is triggered by the age of the building, not by whether anyone believes lead is present. If the residential dwelling was built before 1978, the rule applies — even if the seller is certain the home has been repainted many times since.

The underlying public-health concern explains why the rule is strict. Lead exposure is especially harmful to young children and pregnant women, and it can cause permanent neurological harm. Congress responded by requiring disclosure so buyers and tenants can make an informed decision before they are legally committed. For a deeper look at how disclosure obligations run through Texas contracts generally, see our guide to property disclosure requirements in Texas.

Where the rule comes from

Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, commonly called Title X (pronounced "Title ten"). Section 1018 of that law directed the EPA and HUD to write a disclosure rule. The resulting Lead-Based Paint Disclosure Rule became fully effective on December 6, 1996. For the exam, the two facts worth memorizing are the year that defines the rule's scope — 1978 — and the two federal agencies that share enforcement: the Environmental Protection Agency and the Department of Housing and Urban Development.

What housing the rule covers

The rule applies to most housing built before 1978, a category the regulation calls target housing. That includes private housing, public housing, federally owned housing, and housing receiving federal assistance. Single-family homes, condominium units, and multifamily rentals are all covered when built before the cutoff year.

Several categories are excluded. The disclosure requirement does not apply to housing built in 1978 or later, foreclosure sales, short-term leases of 100 days or fewer with no renewal option, lease renewals where the required disclosure was already given and no new information has come to light, zero-bedroom dwellings such as studio apartments and lofts, housing certified lead-free by a certified inspector, and housing intended for the elderly or persons with disabilities, unless a child under six lives there or is expected to.

The four seller and landlord obligations

This is the heart of the topic and the most likely place for an exam question. Before a buyer or tenant is obligated under a contract, the seller or landlord must do four things.

First, disclose the presence of any known lead-based paint and lead-based paint hazards in the housing. Second, provide any available records and reports concerning lead-based paint or hazards in the property. Third, give the buyer or tenant the EPA-approved information pamphlet, "Protect Your Family From Lead in Your Home." Fourth, include the required language in the contract or lease — a Lead Warning Statement and signed acknowledgments confirming the disclosure took place.

Note the careful wording of the first obligation: the seller must disclose what is known. The rule does not require a seller to test for lead or to hire an inspector. It requires honesty about what the seller already knows and the records the seller already has. A seller who genuinely knows nothing can say so on the form — but cannot conceal what they do know.

The buyer's 10-day inspection period

Federal law gives the purchaser a 10-day period to conduct a lead-based paint inspection or risk assessment at the buyer's own expense before becoming obligated under the contract. The parties can agree in writing to a different length, or the buyer can waive the opportunity entirely, but the default right is 10 days.

Two exam distinctions matter here. The inspection period is a right of purchasers, not tenants — the rule does not give renters an inspection window. And it is an opportunity, not a requirement: the buyer is never forced to inspect. The seller's duty is to allow the time; the buyer decides whether to use it. For how inspection-related timelines interact with other contract deadlines, see our explanation of the option period and termination in Texas contracts.

The real estate agent's responsibility

The disclosure obligation belongs to the seller or landlord, but the rule does not let the agent stand aside. The licensee representing the seller must ensure that the seller is informed of these obligations and that the seller complies with them. The agent's acknowledgment is built into the disclosure form for exactly this reason.

One limit is worth knowing: an agent is not liable for false information that the seller provided, as long as the agent did not know it was false. The agent's duty is to make sure the process happens — that the disclosure is made, the pamphlet is delivered, and the language is in the contract — not to independently verify the truth of the seller's statements. Understanding where an agent's duty begins and ends is part of the broader subject of Texas license law and its key rules.

How Texas handles it: the TREC OP-L addendum

Texas satisfies the federal requirement through a promulgated form. Under Texas Administrative Code Title 22, Section 537.63, the Texas Real Estate Commission adopts by reference standard contract form TREC No. OP-L — the "Addendum for Seller's Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law." When a TREC contract is used to sell a pre-1978 dwelling, this addendum is attached to satisfy the §1018 disclosure requirement.

The OP-L addendum contains the Lead Warning Statement, the seller's disclosure of known lead-based paint and hazards, a list of available records, the buyer's acknowledgment of receiving the pamphlet and the disclosure, the buyer's choice about the inspection period, and the broker's acknowledgment of having informed the seller of these obligations. For a tenant transaction, the equivalent lead language is handled through the residential lease and its lead-based paint addendum. To see how addenda attach to the main contract, review our guide to TREC promulgated forms.

One sequencing point is worth memorizing: on the TREC OP-L addendum, the seller's disclosure section comes first. The seller holds the disclosure obligation and provides the information before the buyer acknowledges receiving it and chooses whether to use or waive the inspection opportunity — so the seller completes and signs the disclosure before the buyer's acknowledgment.

Common misconceptions

"The rule only applies if lead paint is actually present." Wrong. The trigger is the construction date. Any covered residential dwelling built before 1978 brings the disclosure obligation into play, regardless of whether lead paint is known to exist.
"The seller has to test the home for lead." Wrong. The rule requires disclosure of known information and existing records. It never requires the seller to conduct testing or hire an inspector.
"Renters get a 10-day inspection period too." Wrong. The 10-day inspection opportunity belongs to purchasers. Tenants receive disclosure and the pamphlet, but not an inspection window.
"The agent can ignore this — it's the seller's problem." Wrong. The licensee must ensure the seller is informed of the obligations and complies with them. The agent's acknowledgment is part of the form.

Frequently asked questions

What year defines whether the lead-based paint rule applies?: 1978. The rule applies to most housing built before 1978. Housing built in 1978 or later is not subject to the federal disclosure requirement.
Which two federal agencies enforce the Lead-Based Paint Disclosure Rule?: The Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD). The rule comes from Section 1018 of the 1992 Title X law.
Does the seller have to pay for a lead inspection?: No. The seller is not required to test for lead at all. If the buyer chooses to use the 10-day inspection period, the buyer arranges and pays for that inspection.
How long must disclosure records be kept?: Sellers, landlords, and agents must retain the signed disclosure and certification for at least three years from the completion of the transaction.
What Texas form is used for lead-based paint disclosure?: TREC form OP-L, the lead-based paint addendum, adopted by reference under 22 Texas Administrative Code §537.63. It is attached to the contract when a pre-1978 dwelling is sold using a TREC form.
Who signs the lead-based paint disclosure addendum first?: The seller. The seller carries the disclosure obligation and must provide the information before the buyer decides whether to conduct an inspection, so the seller's signature comes first.

Bottom Line

Lead-based paint disclosure is a federal rule with a Texas delivery mechanism, and the exam tests both layers. Remember the 1978 cutoff, the EPA-and-HUD enforcement pairing, the four seller obligations — disclose, provide records, give the pamphlet, include the contract language — and the purchaser's 10-day inspection right. Then connect it to Texas practice: the obligation is satisfied through TREC's OP-L addendum, the agent must ensure compliance, and the seller's disclosure section comes first on the form. If you can recall those points, this topic is a reliable source of correct answers. Keep building your command of the tested material with our Texas real estate exam blueprint.

Source: U.S. EPA, Lead-Based Paint Disclosure Rule (Section 1018 of Title X), epa.gov/lead/lead-based-paint-disclosure-rule-section-1018-title-x; eCFR, 24 CFR Part 35 Subpart A, Disclosure of Known Lead-Based Paint Hazards, ecfr.gov/current/title-24/subtitle-A/part-35/subpart-A; 22 Texas Administrative Code §537.63 and TREC, Standard Contract Form OP-L, trec.texas.gov (Form OP-L).