24 C.F.R. § 35.94
§ 35.94 Agent responsibilities. (24 CFR Part 35)
Operative Text
(a) Each agent shall ensure compliance with all requirements of this subpart. To ensure compliance, the agent shall: (1) Inform the seller or lessor of his/her obligations under §§ 35.88, 35.90, and 35.92. (2) Ensure that the seller or lessor has performed all activities required under §§ 35.88, 35.90, and 35.92, or personally ensure compliance with the requirements of §§ 35.88, 35.90, and 35.92. (b) If the agent has complied with paragraph (a)(1) of this section, the agent shall not be liable for the failure to disclose to a purchaser or lessee the presence of lead-based paint and/or lead-based paint hazards known by a seller or lessor but not disclosed to the agent.
Under 24 CFR Part 35 § 35.94, real estate and rental agents who facilitate covered property transactions bear an independent duty to ensure that sellers and lessors meet their lead-based paint disclosure obligations. An agent must both inform the seller or lessor of those obligations and verify—or personally step in to fulfill—the required disclosure, notification, and record-keeping activities. Importantly, an agent who properly informs the seller or lessor of their duties is shielded from liability if the seller or lessor conceals known lead-based paint hazards from the agent.
Plain English — not legal advice.
Under 24 CFR Part 35 § 35.94, agents working on behalf of property owners are required to communicate the owner's lead-based paint disclosure duties and to confirm those duties have been carried out before a transaction closes. Compliant operators typically document that they provided the seller or lessor with written notice of the obligations under the related disclosure sections and retain records showing that all required activities were completed. Owners and managers should be aware that withholding known hazard information from their own agent does not eliminate the agent's accountability—and may expose the owner to liability that the agent would otherwise share.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
24 CFR Part 35 § 35.94 establishes that the agent involved in a rental or sale transaction carries an independent responsibility to make sure lead-based paint disclosures actually happen—not just the landlord or seller. If a tenant or buyer believes the required disclosures were skipped or incomplete, that potential violation can be relevant when raising a complaint with HUD, pursuing remedies under the Residential Lead-Based Paint Hazard Reduction Act, or consulting a tenant-rights organization familiar with federal housing rules. Because § 35.94 places duties on agents as well as owners, both parties may be relevant when exploring what disclosure obligations were or were not met.
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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