Quick Answer
Federal law requires sellers of homes built before 1978 to disclose any known lead-based paint hazards and give buyers a set window to test for lead before finalizing the purchase. This is separate from Indiana's standard seller's disclosure form.
- Applies to
- Homes built before 1978
- Required by
- Federal law (EPA and HUD)
- Buyer right
- A window to inspect or test for lead
- Applies regardless of
- The home's actual condition
Why This Disclosure Is Required
Lead-based paint was commonly used in homes until it was banned for residential use in 1978, so many older neighborhoods in and around Indianapolis include homes that fall under this requirement. Sellers must disclose any known lead paint or lead hazards, along with any related reports they have, even if they believe the home is safe.
This rule applies regardless of the home's condition or whether the seller has ever tested for lead. The point of the disclosure is to give buyers information and options, not to declare the home hazardous.
What Buyers Should Know Before Signing
Buyers of pre-1978 homes typically receive an EPA pamphlet on lead hazards along with the disclosure, and federal law gives them a standard window, usually up to 10 days, to conduct a lead paint inspection or risk assessment before becoming bound to the purchase, unless that right is waived in writing.
This right can be waived to speed up a transaction, but buyers of older homes, especially those with young children, often choose to use it, particularly on properties with visible peeling or chipping paint.
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Frequently Asked Questions — Lead-Based Paint Disclosure
Does every home need this disclosure?
No, only homes built before 1978 fall under this federal requirement.
Can I skip the lead inspection window?
Yes, buyers can waive this right in writing, though it's worth considering carefully on older homes.
Does the disclosure mean the home definitely has lead paint?
No. It discloses what the seller knows and gives buyers the option to test, but it doesn't confirm lead paint is present.
Is this the same as Indiana's seller's disclosure form?
No, they're separate documents. The lead-based paint disclosure is a federal requirement specific to pre-1978 homes.