40 C.F.R. § 745.107
§ 745.107 Disclosure requirements for sellers and lessors. (40 CFR Part 745)
Operative Text
(a) The following activities shall be completed before the purchaser or lessee is obligated under any contract to purchase or lease target housing that is not otherwise an exempt transaction pursuant to § 745.101. Nothing in this section implies a positive obligation on the seller or lessor to conduct any evaluation or reduction activities. (1) The seller or lessor shall provide the purchaser or lessee with an EPA-approved lead hazard information pamphlet. Such pamphlets include the EPA document entitled Protect Your Family From Lead in Your Home (EPA #747-K-94-001) or an equivalent pamphlet that has been approved for use in that State by EPA. (2) The seller or lessor shall disclose to the purchaser or lessee the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased. The seller or lessor shall also disclose any additional information available concerning the known lead-based paint and/or lead-based paint hazards, such as the basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces. (3) The seller or lessor shall disclose to each agent the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased and the existence of any available records or reports pertaining to lead-based paint and/or lead-based paint hazards. The seller or lessor shall also disclose any additional information available concerning the known lead-based paint and/or lead-based paint hazards, such as the basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces. (4) The seller or lessor shall provide the purchaser or lessee with any records or reports available to the seller or lessor pertaining to lead-based paint and/or lead-based paint hazards in the target housing being sold or leased. This requirement includes records or reports regarding common areas. This requirement also includes records or reports regarding other residential dwellings in multifamily target housing, provided that such information is part of an evaluation or reduction of lead-based paint and/or lead-based paint hazards in the target housing as a whole. (b) If any of the disclosure activities identified in paragraph (a) of this section occurs after the purchaser or lessee has provided an offer to purchase or lease the housing, the seller or lessor shall complete the required disclosure activities prior to accepting the purchaser's or lessee's offer and allow the purchaser or lessee an opportunity to review the information and possibly amend the offer.
Under 40 CFR Part 745 § 745.107, before a buyer or renter becomes legally bound by a contract for most pre-1978 housing ("target housing"), the seller or landlord must hand over an EPA-approved lead hazard information pamphlet, share any known information about lead-based paint or lead-based paint hazards on the property, and provide any existing records or reports related to those hazards. The rule does not require the seller or landlord to go out and test for or remediate lead — only to disclose what is already known. If disclosures happen after a buyer or renter has already submitted an offer, the seller or landlord must complete all disclosures before accepting that offer and must give the other party a chance to revisit their offer in light of the new information.
Plain English — not legal advice.
Operators selling or leasing target housing covered by § 745.107 generally document their compliance by delivering the EPA-approved "Protect Your Family From Lead in Your Home" pamphlet, completing a written disclosure of all known lead-based paint conditions and hazards (including location and surface condition), and turning over any existing inspection reports or remediation records — including those covering common areas or other units in a multifamily building. Compliant operators also ensure that any agents involved in the transaction receive the same hazard disclosures. When disclosures are made after a buyer or renter has submitted an offer, operators under § 745.107 complete all required steps before signing or accepting that offer and allow the other party time to review and potentially revise their offer.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 745.107, renters and buyers of most pre-1978 housing have a right to receive the EPA lead hazard pamphlet, written disclosure of any known lead-based paint or hazards, and copies of any existing lead-related records or reports before they are bound by a lease or purchase contract. If these disclosures were not provided as required, that failure may be relevant to a complaint with the EPA or HUD, or it may be raised as part of a broader dispute — tenant-rights organizations and housing advocacy groups can help explain what enforcement paths exist under federal and applicable state law. Reviewing the disclosures provided against the requirements of § 745.107 is a reasonable first step for anyone who believes required information was withheld.
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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