24 C.F.R. § 35.90
§ 35.90 Opportunity to conduct an evaluation. (24 CFR Part 35)
Operative Text
(a) Before a purchaser is obligated under any contract to purchase target housing, the seller shall permit the purchaser a 10-day period (unless the parties mutually agree, in writing, upon a different period of time) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. (b) Notwithstanding paragraph (a) of this section, a purchaser may waive the opportunity to conduct the risk assessment or inspection by so indicating in writing.
Under 24 CFR Part 35 § 35.90, sellers of target housing—generally pre-1978 residential properties—must give prospective buyers a default 10-day window to arrange a lead-based paint risk assessment or inspection before the buyer becomes legally bound by a purchase contract. The parties can agree in writing to a different timeframe if both consent. Separately, the rule also allows a buyer to give up this evaluation period entirely, but only by doing so in writing.
Plain English — not legal advice.
Sellers and their agents operating under 24 CFR Part 35 § 35.90 generally document the 10-day evaluation period in the purchase contract and retain any written agreements that modify or waive it. Compliant sellers avoid taking steps that would obligate a buyer before that window has run—or before a written waiver has been signed. Keeping clear records of the agreed-upon timeframe and any waiver language is a standard practice for transactions involving target housing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
As a buyer of target housing, 24 CFR Part 35 § 35.90 gives you a federally established right to a 10-day period to have the property evaluated for lead-based paint or related hazards before you are bound by the contract. If a seller does not honor this opportunity, that failure may be relevant to a complaint with HUD or another appropriate federal or state agency. Tenant-rights and housing-advocacy organizations can help you understand how this provision interacts with your purchase agreement and what general options exist if the right was not observed.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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